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Oil and Gas Lawyer Blog

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Wrap-up of bills in Texas Legislature of interest to Texas land and mineral owners

HB 3794 This bill, signed by the Governor, fixes a problem with the provisions of the Texas Business and Commerce Code that grant a security interest in oil and gas production and proceeds to secure the payor’s obligation to pay royalty owners. I have written about this problem before. Previous…

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Travis County Court Holds Railroad Commission Has No Authority to Issue Permits for Allocation and Production Sharing Wells

Today a district court in Travis County held that the Texas Railroad Commission violated the Administrative Procedure Act by informally adopting rules for issuance of allocation and production sharing well permits without following the rule-making procedures of the Act. The Court ruled in an appeal by a mineral owner of…

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Collateral Attacks on Tax Foreclosure Sales vs. Due Process — Two Cases from El Paso Court of Appeals

Two unusual cases have recently been decided by the El Paso Court of Appeals, both arising out of the same underlying facts. Both deal with a tax foreclosure on royalty interests. In the late 1990s an attorney and two mineral buyers got together and proposed to taxing districts to handle…

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Texas Legislature’s Overhaul of ERCOT Board Would Replace Experts With Political Appointees

Link here to Texas Tribune article. Not a good idea. ERCOT definitely made some mistakes in the freeze, but it had no authority to require generators to winterize.  Everyone is still pointing the finger at everyone else. Another Texas Tribune article: the legislature is now considering creating a $2 billion…

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Sundown Energy v. HJSA No. 3 Limited Partnership: Another Poorly Drafted Retained Acreage Clause

Last week the Texas Supreme Court issued a per curiam opinion, without oral argument, reversing the judgment of the El Paso Court of Appeals  in Sundown Energy LP v. HJSA No. 3 Limited Partnership, No. 19-10654. The lease at issue covers 30,450 acres in Ward County. The case is another…

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Warren Buffett group lobbying Texas lawmakers for deal to build $8 billion worth of power plants for emergency use (from Texas Tribune)

The following article appeared today in The Texas Tribune: Cassandra Pollock The Texas Tribune Thu, 25 Mar 2021 13:01:53 -0500 Warren Buffett group lobbying Texas lawmakers for deal to build $8 billion worth of power plants for emergency use was first published by The Texas Tribune, a nonprofit, nonpartisan media…

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BlueStone v. Randle — A Win for Royalty Owners on Post-Production Costs

On March 12 the Texas Supreme Court issued its opinion in BlueStone Natural Resources II, LLC v. Walker Murray Randle, No. 19-0459, affirming most of the judgment of the court below in favor of the royalty owners. The Court’s opinion contains a summary and discussion of its prior cases on…

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