Title PR, Property Code

Sec. 67.005. COMMINGLING. (a) If oil or gas in which there exists more than one oil and gas lien is commingled with other oil or gas in a manner that the identity of the specific oil or gas is lost, the oil and gas lien: (1) continues without interruption into and attaches to any…

Sec. 67.006. RIGHTS OF PURCHASERS. (a) Except as provided by Subsection (b), a purchaser takes free of any oil and gas lien otherwise applicable to the oil or gas purchased if the purchaser: (1) is a buyer in the ordinary course of the first purchaser's business under Chapter 9, …

Sec. 67.007. PRIORITY IN RELATION TO OTHER LIENS OR SECURITY INTERESTS. Except for a permitted lien, an oil and gas lien takes priority over any other lien, whether arising by contract, law, equity, or otherwise, or any security interest. Added by Acts 2021, 87th Leg., R.S., Ch. …

Sec. 67.008. TITLE NOT AFFECTED. This chapter does not affect: (1) when legal title to oil and gas may pass by agreement or operation of law subject to an oil and gas lien; (2) the right of a first purchaser to take or receive oil and gas under the terms of a division order, prov…

Sec. 67.009. WAIVER. (a) Except as provided by Subsection (b), an interest owner may not be required, as a condition or term of an agreement to sell or otherwise, to: (1) waive or release any oil and gas lien or a right under this chapter, other than on payment in full of the sal…

Sec. 67.010. LIMITATION ON FILING ACTION TO ENFORCE LIEN. (a) Except as provided by Subsection (b), an action to enforce the interest owner's oil and gas lien must be brought not later than the first anniversary of the last day of the month after the date proceeds from the sale o…

Sec. 67.011. VENUE; JURISDICTION. (a) An action to enforce the interest owner's oil and gas lien may be brought in a district court or other court of competent jurisdiction in the county in which: (1) the oil and gas well from which the oil or gas is produced is located; (2) the …

Sec. 67.012. PAYMENT DISPUTES. In the case of a payment dispute between an operator and another interest owner, a good-faith tender of money in satisfaction of a debt or security interest by one person operates as a tender of the money to both if tender is made: (1) to the person…

Sec. 67.013. COSTS; ATTORNEY'S FEES. The prevailing party in an action brought under this chapter is entitled to court costs and reasonable attorney's fees. Added by Acts 2021, 87th Leg., R.S., Ch. 284 (H.B. 3794), Sec. 4, eff. September 1, 2021.

Sec. 67.014. CERTAIN RIGHTS OF OPERATOR NOT IMPAIRED. This chapter does not impair an operator's right to be paid, set-off, or withhold funds from another interest owner as security for or in satisfaction of a debt or security interest. Added by Acts 2021, 87th Leg., R.S., Ch. 28…

Sec. 67.015. INTEREST OWNER RIGHTS CUMULATIVE. The provisions of this chapter and the rights granted under this chapter are intended to be cumulative with all other rights an interest owner may otherwise have at law or in equity, including the right of any interest owner to maint…

Sec. 67.016. LIBERAL CONSTRUCTION OF INTEREST OWNER RIGHTS. The rights of the interest owner shall be liberally construed to give the interest owner the most comprehensive protection to secure the receipt by the interest owner of the sales price. Added by Acts 2021, 87th Leg., R.…

Sec. 67.017. CONFLICT OF LAWS. To the extent of a conflict between the provisions of this chapter and other law, this chapter prevails. Added by Acts 2021, 87th Leg., R.S., Ch. 284 (H.B. 3794), Sec. 4, eff. September 1, 2021.