Section 91.504 Texas Natural Resources Code

Section 91.504 of the Texas Natural Resources Code, gives an owner of a royalty interest in oil or gas produced in Texas the right to request from a payor information about itemized deductions, the heating value of the gas, and the Railroad Commission of Texas identification number for the lease, property, or well that may not have been provided to the royalty interest owner.

The request must be in writing and must be made by certified mail. A payor must respond to a request regarding itemized deductions, the heating value of the gas, or the Railroad Commission of Texas identification number by certified mail not later than the 60th day after the date the request is received.

An owner of a royalty interest in oil or gas may obtain information regarding production that has been reported to the Railroad Commission of Texas by contacting the oil and gas division of the commission or accessing the commission’s website at www.rrc.state.tx.us/ and providing the identification number of the lease and the county in which the lease is located.

Is it possible to create a guide for individual states with these types of provisions? Kansas has similar legislation, but I’ve not been able to locate any such detail for New Mexico.

http://www.emnrd.state.nm.us/ocd/ may give you the info for New Mexico.

Kitchen…I see you are also a north TX resident and appear to be well versed in the areas OGM rights. Your opinion please? I am purchasing a 30 acre property where the seller is conveying his 1/8 mineral rights. I have done research at the county clerks office and see an OGM lease from around 2008 for 3 years between the seller and an energy company. Therefore, I would assume he has at least some interest. For that same period, I see another lease between the same company and the man he purchased the land from and who I assume holds the other 7/8/ That is the only document I could find relating to OGM. The title company says they do not insure over Mineral Rights. Is there a recommended way I can confirm I am receiving his 1/8 interest? Thanks

The best way to ensure that the seller conveys all interest they own to you is for the deed to be silent about minerals. The assumption is that the deed is a warranty deed of some kind, and that there is no reference to it being “surface only” in any part (including the legal description). Under the exceptions paragraph, as it relates to minerals, they should only mention any prior mineral reservations, oil and gas leases, etc. (boiler plate language).

I’m not an attorney, so consider this informational purposes only.

The only way to know what, if any, mineral interest your seller owns is to have a mineral title search done by a landman or oil and gas attorney.

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