1-1 AN ACT
1-2 relating to notice to a payee of a change in the payor of oil or
1-3 gas proceeds.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter J, Chapter 91, Natural Resources Code,
1-6 is amended by adding Section 91.407 to read as follows:
1-7 Sec. 91.407. NOTICE OF CHANGE OF PAYOR. (a) Following a
1-8 change in payor, the new payor shall give written notice to each
1-9 payee to whom the payor is responsible for distributing oil or gas
1-10 proceeds. The notice must be given to the payee or the payee's
1-11 designee at the payee's or designee's most recent known address.
1-12 (b) Upon receipt of payee's address from the operator or
1-13 lessee, the payor must provide the notice within the time permitted
1-14 for payment of proceeds and in accordance with the conditions for
1-15 payment provided by Section 91.402. The notice must include:
1-16 (1) the information required by Sections 91.502(1),
1-17 (2), and (12) and Section 91.503; and
1-18 (2) the payor's telephone number.
1-19 (c) The notice may be given by any writing, including a
1-20 division order, check stub, or attachment to a payment form.
1-21 (d) A payor that is obligated to pay interest to a payee
1-22 under Section 91.403 and that does not give the payee a notice
1-23 required by this section is liable to the payee for interest under
1-24 that section at a rate that is two percent more than the rate
2-1 provided by that section.
2-2 SECTION 2. This Act takes effect September 1, 1997.
2-3 SECTION 3. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2981 was passed by the House on May
15, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2981 on May 25, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2981 on May 29, 1997, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2981 was passed by the Senate, with
amendments, on May 23, 1997, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2981 on May 31, 1997,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor