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HB 2207, if passed, would amend the Property Code (Subtitle B, Title 5) by adding a new chapter (Chapter 66). This Chapter essentially states, that if surface and mineral rights have already been separated on a given piece of property, the mineral rights have been leased, and the surface rights are foreclosed upon, then the mineral lease is unaffected by the foreclosure. The bill also includes a set of relevant definitions and more details concerning royalties, and the priorities of certain rights.
HB 2207 is a beneficial bill on a number of grounds. It eliminates ambiguities regarding the separation of surface and mineral estates, effectively maintains contract and property rights, and preserves the dominance of mineral rights under Texas law. These developments are welcome and the bill affirms limited government and property rights principles. We support HB 2207.