HBA-RBT H.B. 3541 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3541
By: Craddick
Ways & Means
4/9/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, royalty interest owners in producing mineral leases are listed
separately on the tax rolls, receive their own notice of assessed
valuation, have the right to appeal their valuation, and are responsible
for paying their own taxes.  In addition, the collector can apply for a tax
warrant in any court in any county where the person liable for the tax has
personal property, and a peace officer can seize as much of the person's
personal property as may be reasonably necessary for the payment of all
taxes, penalties, and interest. 

H.B. 3541 provides that a tax warrant issued against a royalty interest
owner in a producing mineral property cannot be served against the operator
of that property.  This bill prohibits royalty payments held by the
operator of a producing mineral property for monthly distribution from
being surrendered by the operator to the collector.  This bill provides
that a tax warrant issued for an undivided interest in minerals in place
can be served only on the owner of that interest. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 33.23, Property Tax Code, by amending Subsection
(c), and adding Subsection (d), to provide that a tax warrant issued
against a royalty interest owner in a producing mineral property cannot be
served against the operator of that property.  Prohibits royalty payments
held by the operator of a producing mineral property for monthly
distribution from being surrendered by the operator to the collector.
Provides that a tax warrant issued for an undivided interest in minerals in
place can be served only on the owner of that interest. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.