# Texas DO under Texas statutes
**URL:** https://www.mineralrightsforum.com/t/texas-do-under-texas-statutes/71873
**Category:** Division Orders
**Created:** [August 8, 2023, 4:10pm UTC](https://www.mineralrightsforum.com/t/texas-do-under-texas-statutes/71873 "2023-08-08T16:10:26Z")
**Posts on this page:** 5
**Page:** 1
### Author:  [@Kit\_Farwell](https://www.mineralrightsforum.com/u/Kit_Farwell)
#### Post date: [August 8, 2023, 4:10pm UTC](https://www.mineralrightsforum.com/t/texas-do-under-texas-statutes/71873/1 "2023-08-08T16:10:26Z")
I know that a signed division order is required in Texas, but a mineral company is insisting on using a DO that is listed under Texas statutes. Is this DO required, or can we use a NADOA DO in Texas?
([Texas Constitution and Statutes](https://statutes.capitol.texas.gov/Docs/NR/htm/NR.91.htm))
That DO is similar to the NADOA DO except for this language: INDEMNITY: The owner agrees to indemnify and hold payor harmless from all liability resulting from payments made to the owner in accordance with such division of interest, including but not limited to **attorney fees or judgments** in connection with any suit that affects the owner’s interest to which **payor is made a party**.
That language sounds dangerous to include in a DO. But at any rate, can we use the NADOA DO in Texas?
---
### Author:  [@J\_Walker](https://www.mineralrightsforum.com/u/J_Walker)
#### Post date: [August 8, 2023, 6:33pm UTC](https://www.mineralrightsforum.com/t/texas-do-under-texas-statutes/71873/2 "2023-08-08T18:33:54Z")
Yes, you can substitute the NADOA or mark out any language not in the statute. I believe you can set your own payment minimum at less than the usual $100 as well.
---
### Author:  [@Kit\_Farwell](https://www.mineralrightsforum.com/u/Kit_Farwell)
#### Post date: [August 8, 2023, 7:24pm UTC](https://www.mineralrightsforum.com/t/texas-do-under-texas-statutes/71873/3 "2023-08-08T19:24:56Z")
Thanks. What I’m wondering is if a company can “require” the DO listed in the statute. I mailed in a NADOA DO to replace the “statute DO” because I didn’t like the above language in the statute, and the company mailed me back the statute DO.
---
### Author:  [@J\_Walker](https://www.mineralrightsforum.com/u/J_Walker)
#### Post date: [August 8, 2023, 7:59pm UTC](https://www.mineralrightsforum.com/t/texas-do-under-texas-statutes/71873/4 "2023-08-08T19:59:47Z")
I would say that I stand corrected.
---
### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [November 6, 2023, 4:11pm UTC](https://www.mineralrightsforum.com/t/texas-do-under-texas-statutes/71873/5 "2023-11-06T16:11:22Z")
This topic was automatically closed after 90 days. New replies are no longer allowed.