Proposing a constitutional amendment protecting the right to engage in the exploration for and production and export of oil, gas, and other minerals.

The text as introduced · 311 words

90R1594 KRM-D

By: Landgraf
H.J.R. No. 48

A JOINT RESOLUTION

proposing a constitutional amendment protecting the right to engage

in the exploration for and production and export of oil, gas, and

other minerals.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article I, Texas Constitution, is amended by

adding Section 38 to read as follows:

Sec. 38. (a) In this section, "mineral" means oil, gas,

uranium, sulphur, lignite, coal, and any other substance that is

ordinarily and naturally considered a mineral in this state,

regardless of the depth at which the substance is found.

(b) The people have the right to engage in generally

accepted practices concerning the exploration for and production

and export of minerals.

(c) This section does not affect the authority of the

legislature to authorize by general law the regulation of generally

accepted practices concerning the exploration for and production

and export of minerals by:

(1) a state agency or political subdivision when there

is clear and convincing evidence that the law or regulation is

necessary to protect the public health and safety from imminent

danger; or

(2) a state agency or political subdivision to

preserve or conserve the natural resources of this state under

Section 59, Article XVI, of this constitution.

(d) This section does not affect the authority of the

legislature to authorize by general law the use or acquisition of

property for a public use, including the development of the natural

resources of this state under Section 59, Article XVI, of this

constitution.

SECTION 2. This proposed constitutional amendment shall be

submitted to the voters at an election to be held November 2, 2027.

The ballot shall be printed to permit voting for or against the

proposition: "The constitutional amendment protecting the right to

engage in the exploration for and production and export of oil, gas,

and other minerals."