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Texas Laws | Natural Resources Code
NATURAL RESOURCES CODE
TITLE 2. PUBLIC DOMAIN

(h) If the person who is engaged in or has been engaged in conduct that violated Section 63.091 or any rule, permit, or order issued under this chapter does not pay assessed penalties, mitigation costs, and other assessed fees and expenses on or before the 60th day after the date of entry of a final order assessing the penalties, costs, and expenses, the commissioner may: (5696)

(1) request that the attorney general institute civil proceedings to collect the penalties, costs of restoration, and other fees and expenses remaining unpaid; or (5697)

(2) use any combination of the remedies prescribed by this section, or other remedies authorized by law, to collect the unpaid penalties, costs of restoration, and other fees and expenses assessed because of unauthorized conduct and its mitigation by the commissioner. (5698)

(i) Penalties or costs collected under this section shall be deposited in the coastal erosion response account established under Section 33.604. (5699)

Added by Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 20, eff. September 1, 2007. (5700)

SUBTITLE F. LAND OF POLITICAL SUBDIVISIONS (5701)(Text)

CHAPTER 71. LEASE FOR MINERAL DEVELOPMENT (5702)(Text)
SUBCHAPTER A. LEASES BY POLITICAL SUBDIVISIONS (5703)(Text)
Sec. 71.001. DEFINITION. (5704)(Text)

In this subchapter, "political subdivision" means any body corporate with a recognized and defined area. (5705)

Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (5706)

Sec. 71.002. AUTHORITY TO LEASE. (5707)(Text)

A political subdivision may lease land owned by it for mineral development, including development of coal and lignite. (5708)

Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (5709)

Sec. 71.003. GOVERNING BODY TO EXERCISE AUTHORITY. (5710)(Text)

The governing body of the political subdivision which is vested by law with management, control, and supervision of the political subdivision shall exercise the right to lease the land. (5711)

Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (5712)

Sec. 71.004. NOTICE AND HEARING. (5713)(Text)

Before a lease is made under this subchapter, notice must be given and a public hearing must be held for consideration of bids. (5714)

Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (5715)

Sec. 71.005. NOTICE OF INTENTION TO LEASE LAND. (5716)(Text)

(a) After the governing body determines that it is advisable to lease land belonging to the political subdivision, it shall give notice of the intention to lease the land. (5717)

(b) The notice shall describe the land to be leased and designate the time and place at which the governing body will receive and consider bids for the lease. (5718)

(c) The notice shall be published once a week for three consecutive weeks in a newspaper published in the county and with general circulation in the county. (5719)

Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (5720)

Sec. 71.006. RECEIVING BIDS AND AWARDING LEASE. (5721)(Text)

On the date specified in the notice, the governing body of the political subdivision shall receive and consider bids submitted for leasing all or part of the land that was advertised for lease, and the governing body may award the lease to the highest and best bidder who submits a bid. (5722)

Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (5723)

Sec. 71.007. REJECTION OF BIDS AND ADDITIONAL BIDS. (5724)(Text)

If the governing body believes that the bids submitted to it do not represent the fair value of the leases, the governing body may reject the bids, give notice, and call for additional bids. (5725)

Acts 1977, 65th Leg., p. 2505, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (5726)

Sec. 71.008. GRANT OF LEASE. (5727)(Text)

A lease made under this subchapter, including leases for coal and lignite, may be granted by public auction. (5728)

Acts 1977, 65th Leg., p. 2505, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (5729)

Sec. 71.009. ROYALTY. (5730)(Text)

(a) In each lease other than a lease for coal and lignite executed under this subchapter, the lessor shall retain at least a one-eighth royalty. (5731)

(b) In a lease for coal and lignite executed under this subchapter, the lessor shall retain at least a royalty based on one of the following or a combination of the following: (5732)

(1) a sum certain per ton; (5733)

(2) a percentage certain of the gross sale price F.O.B. at the mine site of the coal and lignite; or (5734)

(3) a sum certain for each acre-foot of coal and lignite mined and removed from the premises. (5735)

(c) Royalties under a coal and lignite lease may be paid as advanced mineral royalties. (5736)

Acts 1977, 65th Leg., p. 2505, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (5737)

Sec. 71.010. LEASE TERM. (5738)(Text)

(a) No primary term of a lease other than a lease for coal and lignite made under this subchapter may be for a period of more than 10 years from the date of the execution and approval of the lease. (5739)

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