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