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Tex. Nat. Res. Code § 91.404

NONPAYMENT OF OIL AND GAS PROCEEDS OR INTEREST

Applied in 3 court decisions — leading case Yzaguirre v. KCS Resources, Inc. (2001)

Most recently applied in Yzaguirre v. KCS Resources, Inc. (June 2001)

Added by Acts 1983, 68th Leg., p. 966, ch. 228, Sec. 1, eff

How often courts cite this section

19982000200110
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) If a payee seeks relief for the failure of a payor to make timely payment of proceeds from the sale of oil or gas or an interest in oil or gas as required under Section 91.402 or 91.403 of this code, the payee must give the payor written notice by mail of that failure as a prerequisite to beginning judicial action against the payor for nonpayment.

(b) The payor has 30 days after receipt of the required notice from the payee in which to pay the proceeds due, or to respond by stating in writing a reasonable cause for nonpayment.

(c) A payee has a cause of action for nonpayment of oil or gas proceeds or interest on those proceeds as required in Section 91.402 or 91.403 of this code in any court of competent jurisdiction in the county in which the oil or gas well is located.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.