By King of Uvalde H.B. No. 3482
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the accrual of causes of actions arising out of
1-3 interests in oil and gas leases:
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 16, Section 16.004 of the Civil Practices
1-6 and Remedies Code is amended by adding Subsection 16.004(d), to
1-7 read as follows:
1-8 (d) For the purposes of this Section, a cause of action
1-9 arising out of or relating to an interest in an oil and gas lease
1-10 does not accrue until the facts giving rise to the cause of action
1-11 are discovered or, by the exercise of reasonable diligence, should
1-12 have been discovered. In applying this subsection, what should
1-13 have been discovered in the exercise of reasonable diligence shall
1-14 be determined by the fact finder in light of the circumstances of
1-15 each particular case, regardless of whether the facts giving rise
1-16 to the cause of action are inherently undiscoverable.
1-17 SECTION 2. This Act applies to all actions pending on, or
1-18 commenced on or after, the effective date of this Act.
1-19 SECTION 3. The importance of this legislation and the
1-20 crowded condition of the calendars in both houses create an
1-21 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended.