NATURAL RESOURCES CODE
CHAPTER 92. MINERAL USE OF SUBDIVIDED LAND
§ 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, § 1, eff. Aug.
29, 1983.
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1987, 70th Leg., ch. 274, § 1, eff.
June 11, 1987.
§ 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, § 1, eff. Aug.
29, 1983.
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1987, 70th Leg., ch. 274, § 2, eff.
June 11, 1987.
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts, 1987, 70th Leg., ch. 274, § 3, eff.
June 11, 1987.
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1987, 70th Leg., ch. 274, § 4, eff.
June 11, 1987.
§ 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, § 1, eff. Aug.
29, 1983.
