CHAPTER 92. MINERAL USE OF SUBDIVIDED LAND
NATURAL RESOURCES CODE
TITLE 3. OIL AND GAS
SUBTITLE B. CONSERVATION AND REGULATION OF OIL AND GAS
CHAPTER 92. MINERAL USE OF SUBDIVIDED LAND
Sec. 92.001. PURPOSE. It is the finding of the legislature that
the rapidly expanding population and development of the cities
and towns of this state and the concomitant need for adequate and
affordable housing and suitable job opportunities call for full
and efficient utilization and development of all the land
resources of this state, as well as the full development of all
the minerals of this state. In view of that finding, it is the
intent of the legislature that the mineral resources of this
state be fully and effectively exploited and that all land in
this state be maintained and utilized to its fullest and most
efficient use. It is the further finding of this legislature that
it is necessary to exercise the authority of the legislature
pursuant to Article XVI, Section 59, of the Constitution of the
State of Texas to assure proper and orderly development of both
the mineral and land resources of this state and that the
enactment of this chapter will protect the rights and welfare of
the citizens of this state.
Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.
Aug. 29, 1983.
Sec. 92.002. DEFINITIONS. In this chapter:
(1) "Operations site" means a surface area of two or more acres
located in whole or in part within a qualified subdivision,
designated on the subdivision plat, that an owner of a possessory
mineral interest may use to explore for and produce minerals.
(2) "Possessory mineral interest" means a mineral interest that
includes the right to use the land surface for exploration and
production of minerals.
(3) "Qualified subdivision" means a tract of land of not more
than 640 acres:
(A) that is located in a county having a population in excess of
400,000, or in a county having a population in excess of 140,000
that borders a county having a population in excess of 400,000 or
located on a barrier island;
(B) that has been subdivided in a manner authorized by law by
the surface owners for residential, commercial, or industrial
use; and
(C) that contains an operations site for each separate 80 acres
within the 640-acre tract and provisions for road and pipeline
easements to allow use of the operations site.
(4) "Barrier island" means an island bordering on the Gulf of
Mexico and entirely surrounded by water.
Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 1987, 70th Leg., ch. 274, Sec. 1,
eff. June 11, 1987.
Sec. 92.003. CREATION OF SUBDIVISION. The surface owners of a
parcel of land may create a qualified subdivision on the land if
a plat of the subdivision has been approved by the railroad
commission and filed with the clerk of the county in which the
subdivision is to be located.
Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.
Aug. 29, 1983.
Sec. 92.004. HEARING AND ORDER BY RAILROAD COMMISSION. (a) The
railroad commission shall adopt rules governing the contents of
an application for a qualified subdivision. An application must
be accompanied by a plat of the subdivision showing the
applicant's proposed location of operations sites and road and
pipeline easements.
(b) The railroad commission shall, on notice to the applicant
and owners of possessory mineral interests, hold a hearing on the
application at which the commission shall consider the adequacy
of the number and location of operations sites and road and
pipeline easements. At the hearing on the application, evidence
may be presented by the applicant and the owners of possessory
mineral interests. After considering the evidence, the commission
shall approve, reject, or amend the application to ensure that
the mineral resources of the subdivision are fully and
effectively exploited. The applicant or the owner of the
possessory mineral interest may appeal the order of the railroad
commission as provided by law.
Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 1987, 70th Leg., ch. 274, Sec. 2,
eff. June 11, 1987.
Sec. 92.005. USE OF OPERATIONS SITE. (a) An owner of a
possessory mineral interest within a qualified subdivision may
use only the surface contained in designated operations sites for
exploration, development, and production of minerals and the
designated easements only as necessary to adequately use the
operations sites.
(b) The owner of the possessory mineral interest may drill wells
or extend well bores from an operations site or from a site
outside of the qualified subdivision under the surface of other
parts of the qualified subdivision if the operations do not
unreasonably interfere with the use of the surface of the
qualified subdivision outside the operations site.
(c) This section ceases to apply to a subdivision if, by the
third anniversary of the date on which the order of the
commission becomes final:
(1) the surface owner has not commenced actual construction of
roads or utilities within the qualified subdivision; and
(2) a lot within the qualified subdivision has not been sold to
a third party.
Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts, 1987, 70th Leg., ch. 274, Sec. 3,
eff. June 11, 1987.
Sec. 92.006. AMENDMENT, REPLAT, OR ABANDONMENT. All or any
portion of a qualified subdivision may be amended, replatted, or
abandoned by the surface owner. An amendment or replat, however,
may not alter, diminish, or impair the usefulness of an
operations site or appurtenant road or pipeline easement unless
the amendment or replat is approved by the commission in
accordance with Section 92.003 of this code.
Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 1987, 70th Leg., ch. 274, Sec. 4,
eff. June 11, 1987.
Sec. 92.007. MUNICIPAL AUTHORITY. This chapter does not affect
the authority of a municipality to require approval of
subdivision plats or the authority of a home-rule city to
regulate exploration and development of mineral interests within
its boundaries.
Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.
Aug. 29, 1983.