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Natural Resources

Summaries

KP-0085
Ken Paxton

Crude oil production tax, repeal of|Repeal and amendment of crude oil production tax provisions

KP-0086
Ken Paxton

Liquefied petroleum gas industry - existing local ordinances, orders, or rules are preempted and superseded by Natural Resources Code section 113.054, without regard to their level of restriction or date of enactment, and without regard to whether the Texas Railroad Commission has adopted rules or standards governing a particular aspect or phase of, absent the Commission's permission as otherwise provided by section 113.065|Liquefied petroleum gas industry - Local provisions relating to any aspect or phase of, A political subdivision may petition the Texas Railroad Commission under Natural Resources Code section 113.054 for permission to promulgate, only when such local provisions would be more restrictive than the rules or standards adopted by the Commission.

KP-0216
Ken Paxton

Historic or existing use permits - scope of authority of groundwater conservation districts concerning such permits in specific circumstances

GA-0072
Greg Abbott

Groundwater conservation district, application of exemption for "public water supply wells" to well drilled and capped but not put into production until after statutory deadline|"Public water supply well" exemption, application of exemption to well drilled and capped but not put into production until after statutory deadline

GA-0100
Greg Abbott

Including|Conservation measure|Energy savings performance contract, school district may enter only in accordance with Education Code section 44.901|Energy savings performance contract, whether particular is contract for services is fact question

GA-0107
Greg Abbott

Long Island is located within the Laguna Madre and is not "an island bordering the Gulf of Mexico"|Village of Long Island is within extraterritorial jurisdiction of City of Port Isabel and may not incorporate without the latter's consent|Long Island, Village of, is within extraterritorial jurisdiction of City of Port Isabel and may not incorporate without the latter's consent

GA-0294
Greg Abbott

Oil Field Cleanup Fund can be used to remediate commercial disposal sites to the extent a site is contaminated with oil and gas wastes, or other substances or materials within the jurisdiction of the Texas Railroad Commission|Oil Field Cleanup Fund, Commission authorized to use to plug abandoned wells, remediate oil or gas well sites and in certain circumstances to remediate commercial disposal sites|Oil Filed Cleanup Fund used to control or cleanup oil and gas wastes, other substances or materials that are causing or are likely to cause pollution of surface or subsurface water

GA-0441
Greg Abbott

Lease of municipality's mineral property, subchapter A, chapter 71 of Natural Resources Code irreconcilably conflicts with section 253.005 of Local Government Code; section 253.005 prevails as the more specific enactment|Municipality's lease of its mineral property, subchapter A, chapter 71 of Natural Resources Code irreconcilably conflicts with section 253.005 of Local Government Code; section 253.005 is the more specific enactment and prevails|Municipality's lease of its mineral property, subchapter A, chapter 71 of Natural Resources Code irreconcilably conflicts with section 253.005 of Local Government Code; section 253.005 prevails as it is the more specific enactment|Municipality's lease of its mineral property, subchapter A, chapter 71 of the Natural Resources Code irreconcilably conflicts with section 253.005 of the Local Government Code; section 253.005 is the more specific enactment and therefore prevails|Municipality's lease of its mineral property, subchapter A, chapter 71 of the Natural Resources Code irreconcilably conflicts with section 253.005 of the Local Government Code; section 253.005 as the more specific enactment prevails

GA-0708
Greg Abbott

Edwards Aquifer Authority, rule-making powers, authority to promulgate a rule prohibiting the granting of permits and contracts to recharge facilities built before September 1, 1993; authority to specify an action that constitutes an "unreasonable denial"

GA-1013
Greg Abbott

Transportation Code sections 251.003 and 251.016 authorize a commissioners court to require access-point permits for construction of access points to county roads within the county\\'s right-of-way.|Transportation Code section 251.017 authorizes a commissioners court to set a reasonable fee for permits to construct access points to county roads located within the county\\'s right-of-way|Transportation Code sections 251.003, 251.016, and 251.017 authorize a commissioners court to require a permit and charge a fee for installing an access point to a county road|Transportation Code section 251.017 authorizes a commissioners court to charge a reasonable fee for a permit to install an access point to a county road|Targeting a specific industry for permitting requirements and fees not applicable to other industries could run afoul of the Equal Protection Clauses of the Texas and United States Constitutions unless something about the industry makes it uniquely deserving of special permitting requirements|Targeting a specific industry for permitting requirements and fees not applicable to other industries could run afoul of the Equal Protection Clauses unless something about the industry makes it uniquely deserving of special permitting requirements.

GA-1049
Greg Abbott

Purchase of groundwater, whether a contract for, that does not entitle the Red River Authority to drill for and produce groundwater nevertheless conveys a \\"groundwater right\\" such that it must be approved by the commissioners court in a county without a groundwater conservation district is a question that can only be answered by reference to the particular contract at issue

GA-1072
Greg Abbott

Tax Code section 34.05 refers to \\"the right, title, and interest acquired or held,\\" which plainly means all of the rights, title, and interests acquired or held by each taxing unit. The phrase \\"acquired or held\\" can be read to suggest that the rights, title, and interests originally acquired by a taxing unit at the tax foreclosure sale may be different from what is held by a taxing unit at the time the property is resold.|The plain language of Tax Code section 34.05 requires that all rights, title, and interests held by the taxing unit at the time the property is resold must be conveyed in the deed.|Tax Code section 34.05 contains no language authorizing a taxing unit, by itself or on behalf of other taxing units, to reserve any interest when reselling a property it acquired at a tax foreclosure sale.|Tax Code section 34.05 authorizes a taxing unit to resell property acquired at a tax foreclosure sale and provides a specific method for doing so that does not allow for the reservation of any property interests in the resale deed. Thus, a court would likely conclude that section 34.05 does not authorize a taxing unit to reserve mineral interests on property it acquired at a tax foreclosure sale if it holds such interests at the time the property is resold.|Tax Code chapter 34 governs the sale and acquisition of property subject to tax foreclosure. Under section 34.01, a property that fails to receive a sufficient bid at a tax foreclosure sale may be \\"bid off\\" to the taxing unit that initiated the sale.

DM-0078
Dan Morales

Mineral interests of Lower Colorado River Authority exempt from taxation if held exclusively for use and benefit of public|Lower Colorado River Authority, mineral interests of exempt from taxation if held for use and benefit of public

DM-0370
Dan Morales

Interest|Accretion|Oil and gas royalties received for depletion of highway rights-of-way that state acquired using funds dedicated by article VIII, section 7-a of the Texas Constitution, disposition of|Oil and gas royalties received for depletion of highway rights-of-way, disposition of|State highway rights-of-way, disposition of oil and gas royalties received for depletion of|Oil and gas royalties received for depletion of highway rights-of-way that state acquired using funds dedicated by article VIII, section 7-a, disposition of by Department of Transportation

DM-0402
Dan Morales

Resource conservation and development council, status as charitable organization|Resource conservation and development council, civil liability of officers and volunteers|Charitable purpose|Promotion of social welfare|Resource conservation and development council established under 16 U.S.C. chapter 54, status as charitable organization under state law

DM-0490
Dan Morales

Pooled gas unit covering two taxing districts, taxation of royalty interests based on location of real property to which interests appertain rather than location of well

JC-0237
John Cornyn

Oyster-bed leases, terms and conditions|Control

JC-0408
John Cornyn

Fuels, including natural gas, used to generate electricity in deregulated industry, Railroad Commission not charged with initiating program to keep costs low|Fuels, including natural gas, used to generate electricity in deregulated industry, Commission not charged with initiating program to keep costs low

JC-0436
John Cornyn

Working interest in an oil and gas lease appertaining to surface property that crosses a county line, each county must separately determine the market value to the interest only as it pertains to surface property located in the county according to accepte|Working interest in an oil and gas lease appertaining to surface property that crosses a county line, each county must separately determine the market value to the interest only as it pertains to surface property located in the county according to accepted

JC-0457
John Cornyn

Building energy efficiency performance standards enforceable in unincorporated areas of state on September 1, 2001|Building energy efficiency performance standards, county cannot enforce in unincorporated areas

JC-0465
John Cornyn

Legal custodian of artifacts removed before 1969 from lands owned by state or political subdivision of state, circumstances under which Texas Historical Commission is|Ownership of artifacts removed before and after 1969 from lands owned by state or political subdivision of state|Legal custodian of artifacts removed before 1969 from lands owned by state or political subdivision of state, circumstances under which Commission is

JC-0492
John Cornyn

Political subdivision corporation established to aggregate political subdivisions' purchase of electricity, school district may not participate if contract valued at $25,000 or more in the aggregate for a twelve-month period|School district may not participate in political subdivision corporation established to aggregate political subdivisions' purchase of electricity if contract valued at $25,000 or more in the aggregate for a twelve-month period|Electricity, school district may not participate in political subdivision corporation established to aggregate political subdivisions' purchase of electricity if contract valued at $25,000 or more in the aggregate for a twelve-month period|Political subdivision corporation established to aggregate political subdivisions' purchase of electricity, school district may not participate for contract valued at $25,000 or more in the aggregate for a twelve-month period

KP-0371
Ken Paxton

Application of Natural Resources Code section 81.066 to Railroad Commission’s authority to address oil and gas equipment noise in annual strategic plan

KP-0388
Ken Paxton

Effect of Lone Star Infrastructure Protection Act on generation interconnection agreements between a Texas transmission service provider and certain entities

JS-0002
John Scott

To the extent ownership of the historical markers have not been lawfully transferred to another party, the markers remain the property of the State of Texas. A court would likely conclude the Texas Facilities Commission is charged with maintaining the historical markers commemorating the centennial of the Republic of Texas and the Civil War.

AC-0003
Angela Colmenero

To the extent a moratorium proposed by a county in relation to a commercial utility-scale solar-energy facility is adopted pursuant to Transportation Code provisions related to county authority over roads but is meant to reach activity other than that related to county roads, a court would likely find it invalid and unenforceable. And to the extent the moratorium is adopted pursuant to Health and Safety Code section 121.003 but does not seek to enforce a specific, preexisting public health law, a court would likely find it invalid and unenforceable.

KP-0467
Ken Paxton

Considering the requirement of a license under Occupations Code chapter 1101 for persons engaged in transactions involving wind leases.