By Zaffirini                                          S.B. No. 1549
         77R7536 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain offers made to purchase mineral or royalty
 1-3     interests.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 5.151, Property Code, is amended to read
 1-6     as follows:
 1-7           Sec. 5.151.  DISCLOSURE IN OFFER TO PURCHASE MINERAL
 1-8     INTEREST. (a)  A person who mails to the owner of a mineral or
 1-9     royalty interest an unsolicited offer to purchase only the mineral
1-10     or royalty interest, it being understood that for the purpose of
1-11     this section the taking of an oil, gas, or mineral lease shall not
1-12     be deemed a purchase of a mineral or royalty interest, and encloses
1-13     an instrument of conveyance of only the mineral or royalty interest
1-14     may not include with the offer [and] a draft or other instrument,
1-15     as defined in Section 3.104, Business & Commerce Code, providing
1-16     for payment for that interest but shall include in the offer a
1-17     conspicuous statement printed in English and in Spanish in a type
1-18     style that is approximately the same size as 14-point type style or
1-19     larger and is in substantially the following form:
1-20     BY EXECUTING AND DELIVERING THIS INSTRUMENT YOU ARE SELLING ALL OR
1-21     A PORTION OF YOUR MINERAL OR ROYALTY INTEREST IN (DESCRIPTION OF
1-22     PROPERTY BEING CONVEYED).
1-23     EN EJECUTAR Y ENTREGAR A ESTE DOCUMENTO, USTED ESTA VENDIENDO TODA
1-24     U UNA PORCION DE SU INTERES EN LOS MINERALES O REGALIAS
 2-1     (DESCRIPCION DE BIENES TRASPASADO).
 2-2           (b)  To accept an offer made under Subsection (a), the owner
 2-3     of the mineral or royalty interest must:
 2-4                 (1)  sign the instrument of conveyance in the presence
 2-5     of a notary public; and
 2-6                 (2)  return the signed and notarized instrument of
 2-7     conveyance to the person making the offer.
 2-8           (c)  After the instrument of conveyance is signed, notarized,
 2-9     and returned as provided by Subsection (b):
2-10                 (1)  the property description may not be changed unless
2-11     an amended offer is presented to the owner of the mineral or
2-12     royalty interest with the same restrictions as prescribed by
2-13     Subsection (a) for an original offer; and
2-14                 (2)  the person making the offer may issue a draft or
2-15     other instrument, as defined by Section 3.104, Business & Commerce
2-16     Code, to the owner of the mineral or royalty interest providing for
2-17     payment of that interest.
2-18           (d) [(b)]  A person who conveys a mineral or royalty interest
2-19     as provided by this section [Subsection (a)] may bring suit against
2-20     the purchaser of the interest if:
2-21                 (1)  the purchaser did not give the notice required by
2-22     Subsection (a);  and
2-23                 (2)  the person has given 30 days' written notice to
2-24     the purchaser that a suit will be filed unless the matter is
2-25     otherwise resolved.
2-26           (e) [(c)]  A plaintiff who prevails in a suit under
2-27     Subsection (d) [(b)] may recover from the initial purchaser of the
 3-1     mineral or royalty interest the greater of:
 3-2                 (1)  $100; or
 3-3                 (2)  an amount up to the difference between the amount
 3-4     paid by the purchaser for the mineral or royalty interest and the
 3-5     fair market value of the mineral or royalty interest at the time of
 3-6     the sale.
 3-7           (f) [(d)]  The prevailing party in a suit under Subsection
 3-8     (d) [(b)] may recover:
 3-9                 (1)  court costs; and
3-10                 (2)  reasonable attorney's fees.
3-11           (g) [(e)]  A person must bring a suit under Subsection (d)
3-12     [(b)] not later than the second anniversary of the date the person
3-13     executed the conveyance.
3-14           (h) [(f)]  The remedy provided under this section shall be in
3-15     addition to any other remedies existing under law, excluding
3-16     rescission or other remedies that would make the conveyance of the
3-17     mineral or royalty interest void or of no force and effect.
3-18           SECTION 2. (a)  This Act takes effect September 1, 2001.
3-19           (b)  The changes in law made by this Act apply only to an
3-20     unsolicited offer to purchase a mineral or royalty interest mailed
3-21     to the owner of the mineral or royalty interest on or after the
3-22     effective date of this Act.  An offer to purchase a mineral or
3-23     royalty interest mailed to the owner of the mineral or royalty
3-24     interest before the effective date of this Act is covered by the
3-25     law in effect when the offer was mailed, and the former law is
3-26     continued in effect for that purpose.