PART 4 of A WHITE PAPER GUIDE TO HB724
SUPPLEMENT #3 hashtag #whitepaperhb724
DATED JUNE 9, 2014
UNCLAIMED MINERAL PROCEEDS COMMISSION IN ITS HISTORICAL MISSION
March 21, 2014/April 25, 2014
BY MR. GEORGE FARIAS
ASSISTANCE TO THE UNCLAIMED LAND GRANT MINERALS COMMISSION BY THE COMPTROLLER OR ANY OTHER STATE AGENCY PER SECTION 2(h) OF HB724.
Section 2(h) of HB724, A Bill to be Entitled an Act relating to the creation of a commission to
study unclaimed land grant mineral proceeds, states “On the commission’s request the comptroller
or any state agency, department or office shall provide any assistance the commission needs to
perform the commission’s duties. “ It should be clear to every state agency that this is a mandate
of law and it is unthinkable that any agency would refuse the commission’s request for data, special
analyses, and reports.
I recommend the following required data be obtained, at a minimum, from the following
agencies for the commission to make sound recommendations to the legislature:
- THE TEXAS STATE ATTORNEY GENERAL
- Opinions on all pertinent points of law.
- The most important opinion is to corroborate that under present property law legally designated descendants of Spanish and Mexican land grantees have a right to file claims for mineral production from unclaimed wells.
- THE TEXAS STATE COMPTROLLER
- The total amount of revenue deposits to the General Revenue Fund from unclaimed wells from September 1, 1980 to December 31, 2013.
- A breakdown of the deposits by land grant or county.
- A report on the deposit and disposition of the fifty-million dollar fund established by the Getty legal agreement.
- An analysis of current claims paid on the basis on heirship establishing a precedent for claims by land grantees.
- THE TEXAS RAILROAD COMMISSION
- Total unclaimed oil and gas wells in operation in the state.
- Total unclaimed wells in operation by land grant.
- Total production in units and dollars from unclaimed wells from September 1, 1980 to December 31, 2013.
Should the state agencies resist these requests, assistance can be requested from
State Representative Ryan Guillen and the other legislative sponsors of HB 724.
In addition the Public Information Act, Texas Government Code Chapter 552, can be invoked.
June 9, 2014
Author George Farías blogged and used by permission Please note: these are Mr. Farias' personal presentations to the HB724 commission as a descendant/heir and do not reflect the opinions of anyone else. They are a matter of public record.
Photo Credit: Source: the Voice of Change Network Copyright 2014 All Rights Reserved
Please stay tuned for the next part of this white paper or see the tag #whitepaperhb724 for all articles in this series