Bill Text: TX HB2590 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the foreclosure sale of property subject to an oil or gas lease.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2013-06-14 - Vetoed by the Governor [HB2590 Detail]
Download: Texas-2013-HB2590-Introduced.html
Bill Title: Relating to the foreclosure sale of property subject to an oil or gas lease.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2013-06-14 - Vetoed by the Governor [HB2590 Detail]
Download: Texas-2013-HB2590-Introduced.html
83R5509 JAM-D | ||
By: Keffer | H.B. No. 2590 |
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relating to the foreclosure sale of property subject to certain | ||
agreements related to the production or sale of oil or gas. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 51, Property Code, is amended by adding | ||
Section 51.010 to read as follows: | ||
Sec. 51.010. SALE OF PROPERTY SUBJECT TO CERTAIN AGREEMENTS | ||
RELATED TO PRODUCTION OR SALE OF OIL OR GAS. (a) Notwithstanding | ||
any other law, an oil or gas lease or other agreement related to the | ||
production or sale of oil or gas from real property subject to a | ||
security interest that is being foreclosed remains in effect after | ||
the foreclosure sale and has priority over the foreclosed lien | ||
regardless of whether the agreement was recorded in the real | ||
property records of the county before the date the security | ||
interest was recorded if the agreement: | ||
(1) was recorded in the real property records of the | ||
county before the foreclosure sale; and | ||
(2) has not terminated or expired on its own terms. | ||
(b) Any royalty payment due to the owner of the real | ||
property under an agreement described by Subsection (a) shall be | ||
paid to the purchaser of the foreclosed real property. | ||
SECTION 2. Section 51.010, Property Code, as added by this | ||
Act, applies only to a security interest recorded in the real | ||
property records of a county on or after the effective date of this | ||
Act. A security interest recorded before the effective date of this | ||
Act is governed by the law in effect immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 3. This Act takes effect September 1, 2013. |