Texas Property Code 75.001 – Definitions; Application of Chapter
(a) In this chapter:
(1) “Mineral” means oil, gas, uranium, sulphur, lignite, coal, and any other substance that is ordinarily and naturally considered a mineral in this state, regardless of the depth at which the oil, gas, uranium, sulphur, lignite, coal, or other substance is found.
(2) “Mineral proceeds” includes:
(A) all obligations to pay resulting from the production and sale of minerals, including net revenue interests, royalties, overriding royalties, production payments, and joint operating agreements; and
(B) all obligations for the acquisition and retention of a mineral lease, including bonuses, delay rentals, shut-in royalties, and minimum royalties.
(3) “Holder” means a person, wherever organized or domiciled, who is:
(A) in possession of property that belongs to another;
(B) a trustee; or
(C) indebted to another on an obligation.
(b) This chapter applies to mineral proceeds and the owner’s underlying right to receive those mineral proceeds if:
(1) the owner’s underlying right to receive mineral proceeds is related to land located in this state;
(2) the mineral proceeds result from the production of minerals located in this state; or
(3) the mineral proceeds are an obligation for the acquisition or retention of a mineral lease to produce minerals located in this state.
Terms Used In Texas Property Code 75.001
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Trustee: A person or institution holding and administering property in trust.
(c) A holder of property presumed abandoned under this chapter is subject to the procedures of Chapter 74.
(d) This chapter supplements other chapters in this title, and each chapter shall be followed to the extent applicable.