By: Nixon S.B. No. 436
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a disclosure required in certain offers by mail to
1-2 purchase mineral or royalty interests.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 5, Property Code, is amended by adding
1-5 Subchapter F to read as follows:
1-6 SUBCHAPTER F. REQUIREMENTS FOR CONVEYANCES OF MINERAL OR ROYALTY
1-7 INTERESTS
1-8 Sec. 5.151. DISCLOSURE IN OFFER TO PURCHASE MINERAL
1-9 INTEREST. (a) A person who mails to the owner of a mineral or
1-10 royalty interest an offer to purchase only the mineral or royalty
1-11 interest, it being understood that for the purpose of this section
1-12 the taking of an oil, gas, or mineral lease shall not be deemed a
1-13 purchase of a mineral or royalty interest, and encloses an
1-14 instrument of conveyance of only the mineral or royalty interest
1-15 and a draft or other instrument, as defined in Section 3.104,
1-16 Business & Commerce Code, providing for payment for that interest
1-17 shall include in the offer a conspicuous statement printed in a
1-18 type style that is approximately the same size as 14-point type
1-19 style or larger and is in substantially the following form:
1-20 BY EXECUTING AND DELIVERING THIS INSTRUMENT YOU ARE
1-21 SELLING ALL OR A PORTION OF YOUR MINERAL OR ROYALTY
1-22 INTEREST IN (DESCRIPTION OF PROPERTY BEING CONVEYED).
1-23 (b) A person who conveys a mineral or royalty interest as
1-24 provided by Subsection (a) may bring suit against the purchaser of
2-1 the interest if:
2-2 (1) the purchaser did not give the notice required by
2-3 Subsection (a); and
2-4 (2) the person has given 30 days' written notice to
2-5 the purchaser that a suit will be filed unless the matter is
2-6 otherwise resolved.
2-7 (c) A plaintiff who prevails in a suit under Subsection (b)
2-8 may recover from the initial purchaser of the mineral or royalty
2-9 interest the greater of:
2-10 (1) $100; or
2-11 (2) an amount up to the difference between the amount
2-12 paid by the purchaser for the mineral or royalty interest and the
2-13 fair market value of the mineral or royalty interest at the time of
2-14 the sale.
2-15 (d) The prevailing party in a suit under Subsection (b) may
2-16 recover:
2-17 (1) court costs; and
2-18 (2) reasonable attorney's fees.
2-19 (e) A person must bring a suit under Subsection (b) not
2-20 later than the second anniversary of the date the person executed
2-21 the conveyance.
2-22 (f) The remedy provided under this section shall be in
2-23 addition to any other remedies existing under law, excluding
2-24 rescission or other remedies that would make the conveyance of the
2-25 mineral or royalty interest void or of no force and effect.
2-26 SECTION 2. This Act takes effect September 1, 1999, and
3-1 applies only to an offer to purchase a mineral or royalty interest
3-2 mailed on or after that date. An offer to purchase a mineral or
3-3 royalty interest mailed before that date is governed by the law in
3-4 effect on the date the offer was mailed, and that law is continued
3-5 in effect for that purpose.
3-6 SECTION 3. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.