If it has already decided, why are we here? Shapiro – Nov 2014 HB724 Commission Testimony

As HB724 commission deny their responsibilities, to support and recommend solutions for the Texas Spanish land grant heirs. Shapiro asks the really tough question s why are we here, if it has already been decided? According the pre-scripted commission report, they had already decided back in the first couple of meetings what the outcome would be.
We were unable to transcribe this word for word, but we have paraphrased the video a little bit to give you some highlights..

Her Grandmother told her how the Spanish came and given rights, and then taken from us. Watched her with hope in her eyes that someday it will be righted.

She talked about Indian reservations rights were taken from them, but then they were granted lands, free laws, no taxes, casinos, but you see us from land grants from the crown of Spain, prior to anyone else coming over, we have no lands, no free education, no free healthcare, her we stand with families in poverty, suffered in hardship, no where to turn with hope in their eyes…

(as you watch the commission, their faces turn red and you can see them boiling over in anger, some of this comes from the two previous testimonies, watch as they take offense)

She met the current land owner of one of her families lands, and the man allegedly said he wanted to let you know, it has already be decided, he pulls out his phone with photos of him with the Bush family, and the current speaker of the house Joe Straus*…

one of the commission member says “you think everyone on this commission is being ruled by those people.. I resent that… ”

Shapiro says “I did not say that,” the man Mr. Bennie Bock, an attorney for the oil companies, says “that is the implication” and he continues stating that he can’t fix the wrongs, the commission has a specific duty, to contact the comptroller, and that if she wants a change in that, go to the legislature

(Is Mr .Bock blind? He can’t understand his own mandate that he is there to help fix the wrongs and recommend rights, but he tries and fails to convince everyone that this is not their job)

Shapiro again restates what she stated, about the Bush family and the current speaker of the house, not any of the commission members, yet they take offense. And apologized this is fact she says.

Shapiro states facts, then she says that if it has already been decided then why are we here? …. There should be a solution to this issue that has been going on for over 200 years.

Brunn fires back and says what he interprets is the commissions duty, (yet in his report, he states otherwise and that no one gave any proofs, out of all the testimony and submitted documents, he dismisses the proof). He also joins Bennie’s recommendation about going back to legislature.

He also takes offense, so Shapiro fires back, rightly so, and says what she said is on public record, recorded and witnessed that she did not accuse the commission. This really angers some of the commission members.

Shapiro makes some excellent recommendations about the State having all the tools, including a local database for geneologies, and she talks about the current system inability to trace people because of a name change.

This is one of three testimonies this day that you must see.

 

*Joe Straus was elected to the 79th Legislature on February 5, 2005. Served in the George H.W. Bush administration as deputy director of Business Liaison at the U.S. Department of Commerce, 1989-1991. Elected Speaker of the House, January 13, 2009, January 11, 2011 and January 8, 2013

We’ve obtained a copy of the HB724 Commission October 24 Video

Unclaimed mineral proceeds commission Texas HB 724 October 24, 2014 Pt 1  we are working on Part 2  we just obtained permission to post this. You must listen.

As you know TVOC (The Voice of Change Network) is here for you, always looking out for you, going the extra mile to obtain truth, and resources and make positive change.  This video is a must see.

Our representative Ryan Guillen said there was no video, he said we could request audio so we did, and we are still waiting since October 26th for the audio, but finally under pressure exerted from our associated press partners, it was released.  For he full audio link click here, as the video may not be complete.

Watch the video below.

 

 

 Use permission :  Public domain, also we obtained permission from Mrs. Fowler to go ahead and post this vital information.

Results of the Dec 2014 Unclaimed Mineral Rights Commission Meeting

These are official minutes of the meetings with the recommendations.

Have you read the failure notice click here,   also you should start to digest the official commission’s final recommendations click here (we will help you interpret the truth there there is much ambiguity. )

We had a couple of our networks members present and active at the meeting and will be connecting us to some other people that can help.

There were two great speakers, and we are working on obtaining those scripts they read, we will also post here.

The committee made several recommendations, which were  taken from notes watching live and from our correspondent and these notes  are extrapolated from the minutes:

III. ADOPTED RECOMMENDATIONS
After careful consideration of written and oral testimony presented throughout the Commission’s
hearings, members met on December 19 to formally discuss and adopt recommendations.25
Pursuant to HB 724, Section 3, the Commission has adopted the following recommendations for
the consideration of the 84th Legislature:
1. That the Comptroller by rule if possible, or the Legislature by statute if necessary,
prospectively require oil company holders to report property information required to be
included on “check stubs” pursuant to Texas Natural Resources Code Section 91.502,
including the lease, property or well name, and the county in which the lease, property, or
well is located for each well for which mineral proceeds are reported and remitted to the
Comptroller as unclaimed property.
2. That the Comptroller by rule if possible, or the Legislature by statute if necessary,
prospectively require oil company holders to report the survey name, the General Land
Office abstract number from Railroad Commission Form W-1 (Application for Permit to
Drill, Deepen, Plug Back or Re-Enter, item 10 on current form), and the GPS coordinates
from Railroad Commission Form W-1 for each well for which mineral proceeds are
reported and remitted to the Comptroller as unclaimed property.
3. That the Legislature amend Texas Civil Practices & Remedies Code Sections 64.091,
Receiver for Mineral Interests Owned by Nonresident or Absentee, 64.092, Receiver for
Contingent Interest in Minerals, and 61.093, Receiver for Royalty Interests Owned by
Nonresident or Absentee to:
1. Require the applicant for a receivership to furnish the Comptroller with a
certified copy of any judgment granting a receivership;

(we don't know what that [certified copies] means)

2. Provide that all payments to the Clerks of Court resulting from any such
receiverships be subject to the unclaimed mineral proceeds reporting
requirements of the Texas Property Code;26 and
3. For receiverships filed prior to the effective date of this change, that the
Clerks of Court of all counties in the State of Texas report, in a form
prescribed by the Comptroller, receivership proceedings filed beginning
January 1, 1986 to the present.
4. That the Comptroller by rule if possible, or the Legislature by statute if necessary, hold in
a separate account those unclaimed mineral proceeds derived from areas within the
original Spanish and Mexican land grants.

5. That the Legislature should suggest that the Speaker of the House of Representatives and
the Lieutenant Governor set a committee interim charge to study and address past
injustices against Tejano landowners.
6. That the Legislature appropriate additional resources to the Comptroller’s office to
provide enhanced bilingual outreach, including: strengthening the understanding of the
current laws, proactively educating families on the processes for establishing heirship,
pursuing a claim for unclaimed mineral proceeds, as well as providing general
information to families with questions. Additional staff person(s) and resources should be
directed to the Comptroller’s South Texas field offices.
7. The Comptroller should enhance and/or increase audits of: 1) government and private
sector entities that may be holding unclaimed mineral proceeds; and 2) unclaimed
property that is reported to the Comptroller.

VII. COMMISSION RECOMMENDATIONS
The Commission met on December 19 with the primary goal of adopting recommendations
pursuant to HB 724, Section 3.
Rules adopted by the Commission required recommendations to be formally presented by a
Commission member. Members of the public were able to submit recommendations for the
Commission’s consideration, which may or may not have been brought up for discussion on the
motion of a sitting Commission member. Throughout the proceedings, Mr. Bruun repeatedly
requested submissions of written recommendations from both the public and members of the
Commission.
A. Adopted Recommendations
The following recommendations, in the order in which they were considered, received a majority
vote and are therefore adopted by the Commission:
1. That the Comptroller by rule if possible, or the Legislature by statute if necessary,
prospectively require oil company holders to report property information required to be
included on “check stubs” pursuant to Texas Natural Resources Code Section 91.502,
including the lease, property or well name, and the county in which the lease, property, or
well is located for each well for which mineral proceeds are reported and remitted to the
Comptroller as unclaimed property.
Aye: Bruun, Bock, Burton, Ramos, Bazan, Canales, Rangel, Cisneros
Nay: None
Present not Voting (PNV): Allison, Barragan, Aston, Wolfe, Blanton
2. That the Comptroller by rule if possible, or the Legislature by statute if necessary,
prospectively require oil company holders to report the survey name, the General Land
Office abstract number from Railroad Commission Form W-1 (Application for Permit to
Drill, Deepen, Plug Back or Re-Enter, item 10 on current form), and the GPS coordinates
from Railroad Commission Form W-1 for each well for which mineral proceeds are reported
and remitted to the Comptroller as unclaimed property.
Aye: Bruun, Bock, Burton, Ramos, Bazan, Canales, Rangel, Cisneros
Nay: None
PNV: Allison, Barragan, Aston, Wolfe, Blanton
3. That the Legislature amend Texas Civil Practices & Remedies Code Sections 64.091,
Receiver for Mineral Interests Owned by Nonresident or Absentee, 64.092, Receiver for
Contingent Interest in Minerals, and 61.093, Receiver for Royalty Interests Owned by
Nonresident or Absentee to:
1. Require the applicant for a receivership to furnish the Comptroller with a
certified copy of any judgment granting a receivership;

2. Provide that all payments to the Clerks of Court resulting from any such
receiverships be subject to the unclaimed mineral proceeds reporting requirements
of the Texas Property Code;94 and
3. For receiverships filed prior to the effective date of this change, that the Clerks of
Court of all counties in the State of Texas report, in a form prescribed by the
Comptroller, receivership proceedings filed beginning January 1, 1986 to the
present.
Aye: Bruun, Bock, Burton, Ramos, Bazan, Canales, Rangel, and Cisneros
Nay: None
PNV: Allison, Barragan, Aston, Wolfe, Blanton
4. The revenue from unclaimed property is deposited in the General Revenue Fund and
ultimately used for General Revenue Fund purposes. The movement and expenditure of the
revenue creates deep feelings of mistrust, especially from many within the Tejano population
who believe they may have legitimate claim to the unclaimed mineral proceeds. To promote
transparency in government the Comptroller by rule if possible, or the Legislature by statute
if necessary, should hold in a separate account those unclaimed mineral proceeds derived
from areas within the original Spanish and Mexican land grants.
Aye: Bock, Burton, Bazan, Canales, Rangel, Cisneros
Nay: Bruun, Ramos
PNV: Allison, Barragan, Aston, Blanton
5. Much of the public testimony discussed lands that were taken over the course of the last 150
years either by unlawful force, intimidation, or coercion. These lands in question produce or
may have produced mineral proceeds at one time. To give this subject the attention it
deserves, the Legislature should suggest that the Speaker of the House of Representatives and
the Lieutenant Governor set a committee interim charge so the subject and a remedy can be
studied during the next interim period following the legislative session.
Aye: Bruun, Bock, Burton, Ramos, Bazan, Canales, Rangel, Cisneros
Nay: None
PNV: Allison, Barragan, Aston, Blanton

6. Testimony during the course of the Commission hearings revealed there are many questions
from families about the processes related to making unclaimed mineral proceeds claims. The
Comptroller’s office, with additional personnel and resources, can provide enhanced outreach,
including: strengthening the understanding of the current laws, proactively educating families
on the processes for establishing heirship, pursuing a claim for unclaimed mineral proceeds,
as well as providing general information to families with questions. In furtherance of this
objective, the Comptroller’s office should have the additional staff person(s) based out of
their South Texas field offices where many families reside. Communication and outreach efforts should also be made available in Spanish. Partnership opportunities with other state
agencies, the State Bar, professional associations, and universities should be considered. The
Legislature should appropriate the additional position and resources.
Aye: Bruun, Bock, Burton, Ramos, Bazan, Canales, Rangel, Cisneros
Nay: None
PNV: Allison, Barragan, Aston, Blanton
7. The Comptroller should enhance its auditing in two areas: 1) government or private sector
entities that may be holding unclaimed mineral proceeds, and 2) more auditing opportunities
for unclaimed property that is reported to the Comptroller. First, during the Commission
hearings, two cases reviewed in Starr County were performed at the request of the
Commission. As a result, over $150,000 was deposited in the General Revenue Fund. Audits
should focus on government entities with Spanish, Mexican, Republic of Texas, and State of
Texas land grants within their jurisdictions. This review would ensure that any unclaimed
proceeds are paid to the state and are available to be claimed by the rightful owners. Second,
testimony was given detailing the current scope of work for verifying payment of proceeds to
the Comptroller. Given the testimony alleging reporting deficiencies, as well as the current
significant well activity in Texas, enhanced auditing should be implemented. The
Comptroller and Legislature should take appropriate action to achieve results, as needed.
Aye: Bruun, Bock, Burton, Ramos, Bazan, Canales, Rangel, Cisneros
Nay: None
PNV: Allison, Barragan, Aston, Blanton

B. Minority Recommendations
The Commission’s rules allowed for minority recommendations to be included in the final report.
Minority recommendations are defined as those recommendations which received a vote by the
Commission following a motion and a second, but failed to garner a majority of the
Commission’s support. The following are those recommendations in the order in which they
were discussed:
1. That Property Code Section 75.101 be amended to reduce the holding period for unclaimed
and presumed abandoned mineral proceeds from three years to one year.
Aye: Bazan, Cisneros
Nay: Bruun, Bock, Burton, Ramos, Canales, Rangel
PNV: Allison, Barragan, Aston, Wolfe, Blanton
2. That the Legislature study the creation of a Special Claims Court dedicated to resolving the
claims by proven descendants for unclaimed and presumed abandoned mineral proceeds not
reported to the Comptroller. In a setting much like the trespass to try title action allowed in
the District Courts of Texas, the Special Claims Court would center on: 1) establishing
ownership of mineral proceeds proven 2) traced with legal certainty of uninterrupted title

down and to descendants who have 3) proven their rightful heirship according to established

genealogical principles.95
Aye: Bock, Bazan, Canales, Cisneros
Nay: Bruun, Burton, Ramos, Rangel
PNV: Allison, Barragan, Aston, Blanton
December 19, 2014
Testimony96
John Falcon
Historical Injustices against Tejano
Landowners
Jose Sierra, Jr.
Eileen McKenzie Fowler Attorney
96

There was much more information please watch it for yourself.  If anyone knows the second speaker from Chicago, please contact us, we would like to get him involved.

You can watch the meeting here  http://www.house.state.tx.us/video-audio/capitol-events/

the Voice of Change is on top of this information for you, and following closely all news. We have a associated press volunteer who is helping us with information gathering and posting news media.  As a member when you come across articles and information, you can also submit posts.

 Photo Credit: Source: Unclaimed Mineral Rights Commission Meeting  Photographer: G. Dixon (featured image from video)