Sec. 91.404. NONPAYMENT OF OIL AND GAS PROCEEDS OR INTEREST. (a) If a payee seeks relief for the failure of a payor to make timely payment of proceeds from the sale of oil or gas or an interest in oil or gas as required under Section 91.402 or 91.403 of this code, the payee must give the payor written notice by mail of that failure as a prerequisite to beginning judicial action against the payor for nonpayment.
(b) The payor has 30 days after receipt of the required notice from the payee in which to pay the proceeds due, or to respond by stating in writing a reasonable cause for nonpayment.
(c) A payee has a cause of action for nonpayment of oil or gas proceeds or interest on those proceeds as required in Section 91.402 or 91.403 of this code in any court of competent jurisdiction in the county in which the oil or gas well is located.
Added by Acts 1983, 68th Leg., p. 966, ch. 228, Sec. 1, eff. Sept. 1, 1983.
Structure Texas Statutes
Subtitle B - Conservation and Regulation of Oil and Gas
Chapter 91 - Provisions Generally Applicable
Subchapter J. Payment for Proceeds of Sale
Section 91.402. Time for Payment of Proceeds
Section 91.403. Payment of Interest on Late Payments
Section 91.404. Nonpayment of Oil and Gas Proceeds or Interest
Section 91.406. Attorney's Fees and Minimum Award
Section 91.407. Notice of Change of Payor
Section 91.408. Information for Payees of Proceeds of Production From Certain Gas Wells