Sec. 67.010. LIMITATION ON FILING ACTION TO ENFORCE LIEN. (a) Except as provided by Subsection (b), an action to enforce the interest owner's oil and gas lien must be brought not later than the first anniversary of the last day of the month after the date proceeds from the sale of oil or gas subject to the lien are required by law or contract to be paid to the interest owner, but only as to the oil or gas sold during that month.
(b) The commencement of a proceeding by or against any person claiming an interest in any property subject to the oil and gas lien seeking to adjudicate the person as bankrupt or insolvent, or seeking relief of the person's debts under any law relating to bankruptcy, insolvency, reorganization, or relief of debtors, or seeking the entry of an order for relief or the appointment of a receiver, trustee, or other similar official for the person or for any substantial part of the person's property shall toll the one-year period prescribed by Subsection (a) in which to bring an action to enforce the oil and gas lien for an additional period of 90 days after the earlier of the date:
(1) the proceeding is dismissed or otherwise finally concluded; or
(2) final relief is obtained from the appropriate tribunal authorizing the commencement of the action to enforce the oil and gas lien.
Added by Acts 2021, 87th Leg., R.S., Ch. 284 (H.B. 3794), Sec. 4, eff. September 1, 2021.
Structure Texas Statutes
Title 5 - Exempt Property and Liens
Chapter 67 - Oil and Gas Liens
Section 67.002. Oil and Gas Lien
Section 67.003. Transfer of Oil and Gas Rights
Section 67.004. Automatic Perfection of Lien
Section 67.006. Rights of Purchasers
Section 67.007. Priority in Relation to Other Liens or Security Interests
Section 67.008. Title Not Affected
Section 67.010. Limitation on Filing Action to Enforce Lien
Section 67.011. Venue; Jurisdiction
Section 67.012. Payment Disputes
Section 67.013. Costs; Attorney's Fees
Section 67.014. Certain Rights of Operator Not Impaired
Section 67.015. Interest Owner Rights Cumulative
Section 67.016. Liberal Construction of Interest Owner Rights