Texas Civil Practice and Remedies Code

§ 64.091 — RECEIVER FOR MINERAL INTERESTS OWNED BY NONRESIDENT OR ABSENTEE

CP § 64.091Title 3. EXTRAORDINARY REMEDIES · Ch. 64. RECEIVERSHIP · Art. F. RECEIVER FOR CERTAIN MINERAL INTERESTS

Statute text

(a)The purpose of this section is to encourage the exploration and development of mineral resources.

(b)In the following actions, a district court or the business court may appoint a receiver for the mineral interest or leasehold interest under a mineral lease owned by a nonresident or absent defendant:

(1)an action that is brought by a person claiming or owning an undivided mineral interest in land in this state or an undivided leasehold interest under a mineral lease of land in this state and that has one or more defendants who have, claim, or own an undivided mineral interest in the same property; or

(2)an action that is brought by a person claiming or owning an undivided leasehold interest under a mineral lease of land in this state and that has one or more defendants who have, claim, or own an undivided leasehold interest under a mineral lease of the same property. (b-1) The defendant for whom the receiver is sought must:

(1)be a person whose residence or identity is unknown or a nonresident; and

(2)have not paid taxes on the interest or rendered it for taxes during the five-year period immediately preceding the filing of the action.

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Legislative history

Acts 2025, 89th Leg., R.S., Ch. 912 (H.B. 40), Sec. 13, eff. September 1, 2025. Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 12.10(12), eff. December 4, 2025.