Texas Register, Volume 22, Number 80, Pages 12189-12342, December 12, 1997 Page: 12,251
12189-12342 p. ; 28 cm.View a full description of this periodical.
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Chapter 10. Exploration and Development of
State Minerals Other than Oil and Gas
31 TAC 10.8
The General Land Office proposes an amendment to 10.8,
concerning State Minerals Other Than Oil and Gas. This
action is being proposed to implement 404.095 of the Texas
Government Code, concerning the electronic transfer of funds
to state agencies.
Kerry Overton, Deputy Director of Energy Resources, has
determined that for the first five-year period the rule is in effect
there will be no negative fiscal implications for state or local
government.
Mr. Overton also has determined that for each year of the
first five years the rule is in effect the public will benefit
because state employees will be able to devote time now spent
processing royalty payments to other tasks. Although a financial
institution may charge fees for electronic funds transfer to a
payor, the amended rule should reduce the overall economic
cost to individuals and businesses who are required to comply
with it, through administrative efficiencies to be gained by the
automation of payments and the related reduction in paperwork.
Interested persons may submit comments on the proposed
amendment to Graham Keever, General Land Office, 1700
North Congress, Room 626, Austin, Texas 78701-1495. Com-
ments must be submitted by 5:00 p.m. on January 12, 1997.
The amendment is proposed under Texas Government Code,
404.095, which permits certain state agencies to adopt rules
regarding electronic funds transfer, and Texas Natural Re-
sources Code, 31.051 which grants rulemaking authority to
the commissioner of the GLO.
The Natural Resources Code, 53.019, is affected by the
proposed amendment.
10.8. Assignments, Releases, Reports, Royalty Payments, Inspec-
tions, Forfeitures, and Reinstatements.
(a) (No change.)
(b) Reports and payment of royalties.
(1)-(3) (No change.)
(4) Except when royalty is taken in-kind, and subject to
subparagraphs (A)-(F) of this paragraph, relating to electronic funds
transfer, lessees may pay royalties and other monies due by cash or
check, money order, or sight draft made payable to the commissioner.
Lessees may also pay by electronic funds transfer or in any manner
that may be lawfully made to the state comptroller. Information
regarding alternative payment methods may be obtained from the
GLO Royalty Management Division. Payors are required to make
payments by electronic funds transfer in compliance with 34 Texas
Administrative Code Chapter 15 in the following circumstances:
(A) For leases executed or amended after May 11,
1989, but before September 1, 1991, payors that have made over
$500,000 in a category of payments, defined in subparagraph (D) of
this paragraph, to the GLO during the preceding state fiscal year shall
make payments of $10,000 or more in the current fiscal year for those
leases and in that category by electronic funds transfer.
(B) For leases executed or amended after August 30,
1991, but before June 9, 1995, payors that have made over $250,000
in a category of payments, defined in subparagraph (D) of this
paragraph, to the GLO during the preceding state fiscal year shallmake payments of $10,000 or more in the current fiscal year for
those leases and in that category by electronic funds transfer.
(C) For leases executed or amended on or after June 9,
1995, payors that have made over $25,000 in a category of payments,
defined in subparagraph (D) of this paragraph, to the GLO during the
preceding state fiscal year shall make all payments in the current
fiscal year for those leases and in that category by electronic funds
transfer.
fD} For purposes of subparagraphs (A)-(C) of this
paragraph, each of the following is a separate category of payments:
0) royalties (including shut-in and minimum royal-
ties);
(ii) penalties;
iii) other payments to the state agency, excluding
interest and extraordinary payments such as payments made in
settlement of litigation.
(E) The GLO anticipates that those payors that have
exceeded the threshold sums set out in subparagraphs (A)-(C) of this
paragraph in the preceding state fiscal year will also exceed those
sums in the current state fiscal year. The application of subparagraphs
(A)-(C) to a specific payor may be waived at the commissionerbs
discretion to the extent allowed by law, upon a showing that a payor
will not exceed the threshold sums set out in subparagraphs (A)-(C)
in the current fiscal year, or for other good cause.
(F) The GLO will notify each payor to whom this
paragraph applies in compliance with 34 Texas Administrative Code
Chapter 15.
(c) (No change.)
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
legal authority to adopt.
Issued in Austin, Texas, on November 25, 1997.
TRD-9715917
Garry Mauro
Commissioner
General Land Office
Earliest possible date of adoption: January 12, 1998
For further information, please call: (512) 305-9129
Part X. Texas Water Development Board
Chapter 367. Agricultural Water Conservation
Program
The Texas Water Development Board (the board) proposes
amendments to 31 TAC Chapter 367 regarding Agricultural Wa-
ter Conservation Program. The Board proposes amendments to
367.71, 367.72, and 367.77, the repeal of 367.74, and new
367.74. The amendments, repeal, and new section provide for
the use of the Agricultural Trust Fund to make agricultural water
conservation loans to eligible districts subject to the provisions
of the Agricultural Water Conservation Bond Program and es-
tablish the procedure for setting interest rates.
Section 367.71 is amended to include new definitions. Section
367.72 is amended to allow money maintained as principal
in the Agricultural Trust Fund to be used to make agriculturalPROPOSED RULES December 12, 1997 22 TexReg 12251
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Texas. Secretary of State. Texas Register, Volume 22, Number 80, Pages 12189-12342, December 12, 1997, periodical, December 12, 1997; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth176721/m1/65/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.