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AN ACT
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relating to persons eligible to be appointed as a receiver for |
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certain mineral interests. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 64.091(d), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(d) In an action under Subsection (b)(1): |
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(1) the plaintiff, in the verified petition, must name |
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the last known owner or the last record owner of the interest as |
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defendant; |
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(2) the plaintiff must serve notice on the defendant |
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by publication as provided by the Texas Rules of Civil Procedure; |
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(3) the court may appoint as receiver the county judge |
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and his successors[, the county clerk and his successors,] or any |
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other resident of the county in which the land is located; |
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(4) notwithstanding the Texas Rules of Civil |
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Procedure, the applicant is not required to post bond; and |
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(5) the receiver is not required to post bond. |
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SECTION 2. Section 64.093(d), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(d) In an action under Subsection (a): |
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(1) the plaintiff, in the petition, must name the last |
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known owner or the last record owner of the interest as defendant; |
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(2) the plaintiff must serve notice on the defendant |
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by publication as provided by the Texas Rules of Civil Procedure; |
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(3) the court may appoint as receiver the county |
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judge[, the county clerk,] or any other resident of the county in |
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which the land is located; |
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(4) notwithstanding the Texas Rules of Civil |
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Procedure, the applicant is not required to post bond; and |
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(5) the receiver is not required to post bond. |
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SECTION 3. The change in law made by this Act applies only |
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to the appointment of a receiver made on or after the effective date |
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of this Act. An appointment made before the effective date of this |
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Act is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 108 was passed by the House on April |
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24, 2009, by the following vote: Yeas 141, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 108 was passed by the Senate on May |
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26, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |