Replies to This Discussion

Permalink Reply by jffree1 on February 13, 2012 at 8:20

It is not a "guideline" but a rule under the Texas Natural Resources Code:

 § 91.402. TIME FOR PAYMENT OF PROCEEDS. (a) The proceeds derived from the sale of oil or gas production from an oil or gas well located in this state must be paid to each payee by payor on or before 120 days after the end of the month of first sale of production from the well. After that time, payments must be made to each payee on a timely basis according to the frequency of payment specified in a lease or other written agreement between payee and payor. 

See the full rule here for the exceptions.  Also, from the Railroad Commission of Texas website:

We have links to various statutes outlining the rights of royalty owners. These statutes can be found in the Texas Natural Resources Code, TEX. NAT. RES. CODE ANN. . Sections 91.401 to 91.406 of the Natural Resources Code concern the timely payment of royalties. Note that '91.406 provides for minimum damages and recovery of attorney's fees in a successful action to recover past due payments. Section 91.501 to 91.506 of the Natural Resources Code outline the information to which royalty owners are entitled from their payor. The Railroad Commission cannot intervene in royalty matters. If you would like the names of experienced oil and gas attorneys in your area, the State Bar of Texas has a lawyer referral service and can provide a list of lawyers board certified in oil and gas law. Their address is:

State Bar of Texas P.O. Box 12487 Capitol Station Austin, Texas 78711

(800) 252-9690

http://www.rrc.state.tx.us/about/faqs/royaltiesleases.php

                                  

Permalink Reply by jffree1 on February 13, 2012 at 8:38

sweetniece,

Any interest due would have to be demanded by the lessor.  They will not pay it voluntarily.  You have to send a demand letter by certified mail "insisting".  Ask questions specific to your tract.  If there are no title issues with your tract, specifically, they don't have a legitimate excuse to hold your royalty payments, IMO, but I am not an attorney so get some council from your attorney of choice.  If you will post something about timely payments of royalties in Ben Elmore's mineral rights group, I am sure he could & would give you a more educated answer.  He is a certified Oil & Gas Attorney.

http://www.gohaynesvilleshale.com/group/knowyourrightstexasminerallaw  

Permalink Reply by sweetniece on February 13, 2012 at 8:55

Thank for all the info jffreel!!!

Initial production shows to have been in July on the Western G well, so they are well past the 120 days.  

Permalink Reply by sweetniece on February 13, 2012 at 11:22

Sorry, I meant Walker G.

Permalink Reply by reallyoldguy on February 13, 2012 at 11:54

I just received my d.o.'s on the Walker SU F, last week.  Im sure you'll be next in line.  They are fairly helpful if you call them, but they do like to take their time.  Our well was completed last May...

 

Permalink Reply by etx44 on February 13, 2012 at 12:32

Ironosa SU 1H and Phillips SU 1H completed in late June 2011. I hope they do things in some sort of order.

Permalink Reply by JAMES E. HIGGINS on June 12, 2012 at 6:57

our well went into production in nov2011 nd we got our first check in may they are that far behind we got payed for  part of nov 2011 and the rest was for dec2011/jan2012 fe2b2012/  and march20. so stay on them the squeky wheel gets the greese

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