By:  Armbrister                                       S.B. No. 1312
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the accrual of causes of actions arising out of
 1-2     interests in oil and gas leases:
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 16, Section 16.004 of the Civil Practices
 1-5     and Remedies Code is amended by adding Subsection 16.004(d), to
 1-6     read as follows:
 1-7           (d)  For the purposes of this Section, a cause of action
 1-8     arising out of or relating to an interest in an oil and gas lease
 1-9     does not accrue until the facts giving rise to the cause of action
1-10     are discovered or, by the exercise of reasonable diligence, should
1-11     have been discovered.  In applying this subsection, what should
1-12     have been discovered in the exercise of reasonable diligence shall
1-13     be determined by the fact finder in light of the circumstances of
1-14     each particular case, regardless of whether the facts giving rise
1-15     to the cause of action are inherently undiscoverable.
1-16           SECTION 2.  This act applies to all actions pending on, or
1-17     commenced on or after, the effective date of this Act.
1-18           SECTION 3.  The importance of this legislation and the
1-19     crowded condition of the calendars in both houses create an
1-20     emergency and an imperative public necessity that the
1-21     constitutional rule requiring bills to be read on three several
1-22     days in each house be suspended, and this rule is hereby suspended.