| 1 | 1 | | H.B. No. 108 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to persons eligible to be appointed as a receiver for |
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| 6 | 6 | | certain mineral interests. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 64.091(d), Civil Practice and Remedies |
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| 9 | 9 | | Code, is amended to read as follows: |
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| 10 | 10 | | (d) In an action under Subsection (b)(1): |
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| 11 | 11 | | (1) the plaintiff, in the verified petition, must name |
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| 12 | 12 | | the last known owner or the last record owner of the interest as |
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| 13 | 13 | | defendant; |
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| 14 | 14 | | (2) the plaintiff must serve notice on the defendant |
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| 15 | 15 | | by publication as provided by the Texas Rules of Civil Procedure; |
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| 16 | 16 | | (3) the court may appoint as receiver the county judge |
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| 17 | 17 | | and his successors[, the county clerk and his successors,] or any |
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| 18 | 18 | | other resident of the county in which the land is located; |
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| 19 | 19 | | (4) notwithstanding the Texas Rules of Civil |
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| 20 | 20 | | Procedure, the applicant is not required to post bond; and |
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| 21 | 21 | | (5) the receiver is not required to post bond. |
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| 22 | 22 | | SECTION 2. Section 64.093(d), Civil Practice and Remedies |
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| 23 | 23 | | Code, is amended to read as follows: |
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| 24 | 24 | | (d) In an action under Subsection (a): |
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| 25 | 25 | | (1) the plaintiff, in the petition, must name the last |
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| 26 | 26 | | known owner or the last record owner of the interest as defendant; |
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| 27 | 27 | | (2) the plaintiff must serve notice on the defendant |
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| 28 | 28 | | by publication as provided by the Texas Rules of Civil Procedure; |
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| 29 | 29 | | (3) the court may appoint as receiver the county |
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| 30 | 30 | | judge[, the county clerk,] or any other resident of the county in |
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| 31 | 31 | | which the land is located; |
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| 32 | 32 | | (4) notwithstanding the Texas Rules of Civil |
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| 33 | 33 | | Procedure, the applicant is not required to post bond; and |
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| 34 | 34 | | (5) the receiver is not required to post bond. |
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| 35 | 35 | | SECTION 3. The change in law made by this Act applies only |
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| 36 | 36 | | to the appointment of a receiver made on or after the effective date |
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| 37 | 37 | | of this Act. An appointment made before the effective date of this |
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| 38 | 38 | | Act is governed by the law as it existed immediately before the |
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| 39 | 39 | | effective date of this Act, and that law is continued in effect for |
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| 40 | 40 | | that purpose. |
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| 41 | 41 | | SECTION 4. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2009. |
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| 46 | 46 | | ______________________________ ______________________________ |
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| 47 | 47 | | President of the Senate Speaker of the House |
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| 48 | 48 | | I certify that H.B. No. 108 was passed by the House on April |
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| 49 | 49 | | 24, 2009, by the following vote: Yeas 141, Nays 0, 1 present, not |
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| 50 | 50 | | voting. |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Chief Clerk of the House |
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| 53 | 53 | | I certify that H.B. No. 108 was passed by the Senate on May |
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| 54 | 54 | | 26, 2009, by the following vote: Yeas 31, Nays 0. |
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| 55 | 55 | | ______________________________ |
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| 56 | 56 | | Secretary of the Senate |
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| 57 | 57 | | APPROVED: _____________________ |
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| 58 | 58 | | Date |
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| 59 | 59 | | _____________________ |
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| 60 | 60 | | Governor |
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