2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 64 - Receivership › Subchapter F. Receiver for Certain Mineral Interests › Section 64.092. Receiver for Contingent Interests in Minerals

Sec. 64.092.  RECEIVER FOR CONTINGENT INTERESTS IN MINERALS.  (a)  On the application of a person who has a vested, contingent, or possible interest in land or an estate subject to a contingent future interest, a district court of the county in which all or part of the land is located may appoint a receiver for the land or estate, pending the occurrence of the contingency and the vesting of the future interest, if:
(1)  the land or estate is susceptible to drainage of oil, gas, or other minerals;
(2)  lease of the land for oil, gas, or mineral development and the safe and proper investment of the proceeds will inure to the benefit and advantage of the persons entitled to the proceeds;  or
(3)  lease of the land for the production of oil, gas, or other minerals is necessary for the conservation, preservation, or protection of the land or estate or of a present, contingent, or future interest in the land or estate.
(b)  As authorized or directed by the court, a receiver appointed under Subsection (a) may:
(1)  lease the land for the development of oil, gas, or other minerals at public or private sale and on terms and conditions directed by the court;  and
(2)  receive, hold, and invest the proceeds of the lease for the benefit of persons who are entitled or may become entitled to those proceeds according to their respective rights and interests.
(c)  On the application of a person who has a vested, contingent, or possible interest in land or an estate that is under an oil, gas, or mineral lease and is subject to a contingent future interest, a district court of the county in which all or part of the land is located may appoint a receiver for the contingent future interests, pending the occurrence of the contingency and the vesting of the future interest, if:
(1)  the lease fails to provide for pooling or contains pooling provisions that are ineffective as to the contingent future interest covered by the lease;  and
(2)  the pooling of the contingent future interest:
(A)  is necessary to protect correlative rights;
(B)  is necessary to prevent the physical or economic waste of oil, gas, or other minerals;
(C)  will inure to the benefit and advantage of the persons entitled to the future interest;  or
(D)  is necessary for the conservation, preservation, or protection of the land or estate or of a present, contingent, or future interest in the land or estate.
(d)  The lessee or an assignee of the lessee may apply for appointment of a receiver under Subsection (c).  As authorized or directed by the court, the receiver appointed under that subsection may:
(1)  amend the lease to authorize pooling for the contingent future interest on terms and conditions and for additional consideration directed by the court;  and
(2)  receive, hold, and invest the additional consideration for the benefit of the persons who are entitled or may become entitled to that consideration, according to their respective rights and interests.
(e)  A court appointing a receiver under this section may confer on the receiver all powers necessary to the exercise of the receiver's authority.
(f)  A lease executed or amended by a receiver under this section may authorize the lessee and his assigns to pool all or part of the land subject to the lease with adjacent land into a unit not to exceed 160 acres for an oil well or 640 acres for a gas well plus 10 percent tolerance or into a unit that substantially conforms to a larger unit prescribed or permitted by governmental rule.
(g)  In an action for appointment of a receiver under this section, a person who has a vested, contingent, or possible interest in the land must be cited in the manner and for the time provided for in actions concerning title to land.  A person not in being must be cited in the manner and for the time provided in actions against unknown owners or claimants of interest in land.  In an action brought under Subsection (c), a person is not a necessary party if:
(1)  the person's interest in the land subject to the lease is effectively subject to pooling authority under the lease;  and
(2)  enlargement of the pooling authority as to the person's interest is not sought.
(h)  The court appointing a receiver under this section may order that, after payment of court costs, money paid to the receiver be deposited in the registry of the court for the use and benefit of the persons who are entitled or may become entitled to the money, according to their respective rights and interests.  If the court then discharges the receiver, it may order that later payments under the lease accruing to the contingent future interest be deposited in the same manner and for the same purpose.
(i)  This section does not apply to a mineral lease on land on which drilling began before October 5, 1949.  This section does not authorize a lease of mineral interests on land subject to existing homestead rights without the written consent of the owner of the homestead rights given in the manner provided by law for the conveyance of homesteads.
(j)  In this section, "contingent future interest" means a legal or equitable interest arising by way of remainder, reversion, possibility of reverter, executory devise, on the occurrence of a condition subsequent, or otherwise.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.