1-1  By:  Craddick (Senate Sponsor - Brown)                H.B. No. 1593
    1-2        (In the Senate - Received from the House April 21, 1995;
    1-3  April 24, 1995, read first time and referred to Committee on
    1-4  Natural Resources; May 3, 1995, reported favorably by the following
    1-5  vote:  Yeas 9, Nays 0; May 3, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to payment for the proceeds of oil or gas production.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Sections 91.402(d) and (f), Natural Resources
   1-11  Code, are amended to read as follows:
   1-12        (d)  In the alternative, the provisions of Subsection (c) of
   1-13  this section may be satisfied by a division order for oil payments
   1-14  in substantially the following form and content:
   1-15                            DIVISION ORDER
   1-16  TO:                    (Payor)      Property No.                  
   1-17  ______________________________      ______________________________
   1-18  ______________________________      ______________________________
   1-19  ______________________________      Effective                     
   1-20                                               (Date)
   1-21        The undersigned severally and not jointly certifies it is the
   1-22  legal owner of the interest set out below of all the oil and
   1-23  related liquid hydrocarbons produced from the property described
   1-24  below:
   1-25      OPERATOR:              
   1-26  Property name:                                        
   1-27  County:                   State:                      
   1-28  Legal Description:                                                
   1-29  ------------------------------------------------------------------
   1-30  OWNER NO.             TAX I.D./SOC. SEC. NO. PAYEE
   1-31  DIVISION OF INTEREST
   1-32  ------------------------------------------------------------------
   1-33  ------------------------------------------------------------------
   1-34        THIS AGREEMENT DOES NOT AMEND ANY LEASE OR OPERATING
   1-35  AGREEMENT BETWEEN THE INTEREST OWNERS AND THE LESSEE OR OPERATOR OR
   1-36  ANY OTHER CONTRACTS FOR THE PURCHASE OF OIL OR GAS.
   1-37        The following provisions apply to each interest owner
   1-38  ("owner") who executes this agreement:
   1-39        TERMS OF SALE:  The undersigned will be paid in accordance
   1-40  with the division of interests set out above.  The payor shall pay
   1-41  all parties at the price agreed to by the operator for oil to be
   1-42  sold pursuant to this division order.  Purchaser shall compute
   1-43  quantity and make corrections for gravity and temperature and make
   1-44  deductions for impurities.
   1-45        PAYMENT:  From the effective date, payment is to be made
   1-46  monthly by payor's check, based on this division of interest, for
   1-47  oil run during the preceding calendar month from the property
   1-48  listed above, less taxes required by law to be deducted and
   1-49  remitted by payor as purchaser.  Payments of less than $100 <$25>
   1-50  may be accrued before disbursement until the total amount equals
   1-51  $100 <$25> or more, or until 12 months' proceeds accumulate
   1-52  <December 31 of each year>, whichever occurs first.  However, the
   1-53  payor may hold accumulated proceeds of less than $10 until
   1-54  production ceases or the payor's responsibility for making payment
   1-55  for production ceases, whichever occurs first.  Payee agrees to
   1-56  refund to payor any amounts attributable to an interest or part of
   1-57  an interest that payee does not own.
   1-58        INDEMNITY:  The owner agrees to indemnify and hold payor
   1-59  harmless from all liability resulting from payments made to the
   1-60  owner in accordance with such division of interest, including but
   1-61  not limited to attorney fees or judgments in connection with any
   1-62  suit that affects the owner's interest to which payor is made a
   1-63  party.
   1-64        DISPUTE; WITHHOLDING OF FUNDS:  If a suit is filed that
   1-65  affects the interest of the owner, written notice shall be given to
   1-66  payor by the owner together with a copy of the complaint or
   1-67  petition filed.
   1-68        In the event of a claim or dispute that affects title to the
    2-1  division of interest credited herein, payor is authorized to
    2-2  withhold payments accruing to such interest, without interest
    2-3  unless otherwise required by applicable statute, until the claim or
    2-4  dispute is settled.
    2-5        TERMINATION:  Termination of this agreement is effective on
    2-6  the first day of the month that begins after the 30th day after the
    2-7  date written notice of termination is received by either party.
    2-8        NOTICES:  The owner agrees to notify payor in writing of any
    2-9  change in the division of interest, including changes of interest
   2-10  contingent on payment of money or expiration of time.
   2-11        No change of interest is binding on payor until the recorded
   2-12  copy of the instrument of change or documents satisfactorily
   2-13  evidencing such change are furnished to payor at the time the
   2-14  change occurs.
   2-15        Any change of interest shall be made effective on the first
   2-16  day of the month following receipt of such notice by payor.
   2-17        Any correspondence regarding this agreement shall be
   2-18  furnished to the addresses listed unless otherwise advised by
   2-19  either party.
   2-20        In addition to the legal rights provided by the terms and
   2-21  provisions of this division order, an owner may have certain
   2-22  statutory rights under the laws of this state.
   2-23                    Signature of    Social Security/
   2-24     Witness       Interest Owner    Tax I.D. No.        Address
   2-25  _____________    ______________   ______________    ______________
   2-26  _____________    ______________   ______________    ______________
   2-27  _____________    ______________   ______________    ______________
   2-28        Failure to furnish your Social Security/Tax I.D. number will
   2-29  result in <20 percent> withholding tax in accordance with federal
   2-30  law, and any tax withheld will not be refundable by payor.
   2-31        (f)  Payment <Payments> may be remitted to a payee <payees>
   2-32  annually for the aggregate of up to 12 months' accumulation of
   2-33  proceeds<,> if the payor owes the payee a total amount of $100
   2-34  <owed is $25>  or less for production from all oil or gas wells for
   2-35  which the payor must pay the payee.  However, the payor may hold
   2-36  accumulated proceeds of less than $10 until production ceases or
   2-37  the payor's responsibility for making payment for production
   2-38  ceases, whichever occurs first.  On the written request of the
   2-39  payee, the payor shall remit payment of accumulated proceeds to the
   2-40  payee annually if the payor owes the payee less than $10.  On the
   2-41  written request of the payee, the payor shall remit payment of
   2-42  proceeds to the payee monthly if the payor owes the payee more than
   2-43  $25 but less than $100.
   2-44        SECTION 2.  The importance of this legislation and the
   2-45  crowded condition of the calendars in both houses create an
   2-46  emergency and an imperative public necessity that the
   2-47  constitutional rule requiring bills to be read on three several
   2-48  days in each house be suspended, and this rule is hereby suspended,
   2-49  and that this Act take effect and be in force from and after its
   2-50  passage, and it is so enacted.
   2-51                               * * * * *