Texas House Bill HJR 107

Texas 2025 - 89th Regular

• Filed: 1/3/25

Caption

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

Summary

HJR 107 proposes a constitutional amendment to add a new section to Article I of the Texas Constitution protecting the right to engage in the exploration for, production of, and export of oil, gas, and other minerals. The amendment defines “mineral” broadly to include oil, gas, uranium, sulphur, lignite, coal, and other substances ordinarily considered minerals in Texas, regardless of depth. The measure states that people have the right to engage in “generally accepted practices” related to mineral exploration, production, and export. It also preserves legislative authority to regulate those practices by general law in limited circumstances, including when regulation is necessary to protect public health and safety from imminent danger or to conserve natural resources. It further preserves the legislature’s authority over public-use property acquisition and development of natural resources.

Impact

If adopted, the resolution would amend the Texas Constitution and potentially limit future state and local regulation of oil, gas, and mineral-related activities by elevating a constitutional right to conduct those activities using generally accepted practices. It would not eliminate regulation entirely, but it would require a higher justification for certain restrictions and expressly preserve only narrow regulatory exceptions tied to imminent public health and safety threats, conservation, and public use.

Sentiment

The available record shows little direct debate or recorded voting on the measure, as it was left pending in the House Energy Resources Committee. Based on the bill’s framing, the proposal appears aligned with a pro-energy, pro-development policy approach and likely appeals to supporters of the oil and gas industry and mineral rights. The absence of committee transcripts or votes suggests no clear public consensus is documented in the provided materials.

Contention

The main point of contention is likely the balance between protecting mineral development and preserving government regulatory authority. Supporters would favor constitutional protection for exploration, production, and export activities, while critics may be concerned that the amendment could constrain environmental, land-use, and local regulatory controls. The bill specifically tries to address that concern by allowing regulation for imminent public health and safety risks and natural resource conservation, but the scope of those exceptions could still be disputed.