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Fanny Lococo

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Jul 17, 2024, 4:55:57 PM7/17/24
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Royalties are designed to protect the intellectual property rights of a company. A company might file a patent on an innovation, so a third party must pay them a fee to use it. Intellectual property can be in the form of copyrights, patents, and trademarks.

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Royalty interest applies to mineral rights agreements. A royalty interest entitles the mineral rights owner to receive a portion of the minerals produced or a portion of the gross revenue from sold production.

This set of frequently asked questions (FAQ) is provided as an informal guide to members of the public seeking information or legal services the Railroad Commission CANNOT provide. Since the Texas Legislature has given the Railroad Commission limited authority to regulate the oil and gas industry in Texas, our staff cannot advise you in all oil and gas matters. Areas over which the Railroad Commission has no authority include lease and royalty matters (including leasing, payment of royalties and the right to receive royalties), the financing of or investment in oil and gas activities, and bankruptcy.

DISCLOSURE

The purpose of this page is to increase awareness of royalty payment requirements. It is not intended to serve as legal advice. Consult with your own attorney about questions concerning royalty payments.

Also, the lease or another contract may provide different requirements for payment than this statute. Working interest owners should check their lease terms so that they can be sure payments are made as required.

If you have questions about an existing lease or royalty agreement, you may find the information you seek in the courthouse of the county where the land is located. Usually a call to the courthouse can help you determine if any of the documents on file there are what you want.

The Commission maintains records regarding the reported production and disposition for all oil and gas produced from wells in the State. This information may be helpful in determining your interests. Additionally, the Commission also maintains records regarding the permitting of wells. If you have internet access you can obtain all reported production information from January 1993 to present and any online permitting records at the Commission's website www.rrc.texas.gov. There is no charge for access to these records. If you require production records from earlier than January 1993, or if you require historical permitting records filed for a well that are not available on-line, you will need to contact the Commission's Central Records department at (512) 463-6800. For a small charge you may obtain copies of any records maintained in the Central records department.

To obtain production information on-line, you will need the RRC Identification Number for the well, a five digit number for oil wells or a six digit number for gas wells. This identification number is required to be posted at the entrance to the property where the well is located. This identification information may not be the same identification number used on any payment stub or other documentation received by a royalty interest owner. If you do not have the RRC well identification information, you may require further assistance to identify the wells to access the information available through the Commission's on-line database system. To access production information, go to the Resource Center Online Research Queries or click on Production Data Query to get access to the Commission's on-line database for these records.

To obtain drilling permit information on-line, go to the Resource Center Online Research Queries and click on Drilling Permit Query to get access to the Commission's on-line database for these records. By entering the drilling permit number, you can review the documents filed with the drilling permit application. You can search the Commission's on-line drilling permit database if you do not know the drilling permit number. Drilling permit records include plats and other documents designating the acreage in a pooled unit.

As a working interest owner in a well or property, you have the responsibility to pay or cause to be paid any royalties due under the lease agreement from which you derived your working interest. This is true even if you are not the operator of the well or property. You can cause the royalty to be paid by entering into an agreement with the operator or purchaser of production to pay the royalties on your behalf. The purpose of this brochure is to provide you with basic royalty payment information to help you pay royalties timely. Remember it is through the cooperation of the mineral owner and the working interest owner that oil and gas is produced.

Requests sent by certified mail for information regarding itemized deductions, adjustments, the heating value of gas, or the Railroad Commission of Texas identification number for the lease, property, or well must be responded to within 60 days of receipt of the request.

If there is a change of payor, the new payor must notify the payee in writing of the change at the payee's most recent known address. The notice must include property name and number, effective date (month and year), and payor's address and phone number.

Section 91.504, Texas Natural Resources Code, gives an owner of a royalty interest in oil or gas produced in Texas the right to request from a payor information about itemized deductions, the heating value of gas, and the Railroad Commission of Texas identification number for the lease, property, or well that may not have been provided to the royalty interest owner. The request must be in writing and must be made by certified mail. A payor must respond to a request regarding itemized deductions, the heating value of gas, and the Railroad Commission of Texas identification number by certified mail not later than the 60th day after the date the request is received. An owner of a royalty interest in oil or gas may obtain information regarding production that has been reported to the Railroad Commission of Texas by contacting the oil and gas division of the commission or accessing the commission's website and providing the identification number of the lease and the county in which the lease is located.

The statute also provides an example model form oil and gas division order that complies with the statute. Division Orders do not amend any lease or operating agreement between interest owner and lessee.

If an operator with whom you are involved has declared bankruptcy, there will be a bankruptcy case pending in a federal bankruptcy court. There are many bankruptcy courts in Texas, divided into four main districts. A court-appointed trustee generally will be in charge of handling the bankruptcy. Your claims and complaints should be addressed to the trustee. The bankruptcy case most likely will be pending in a court nearest the principal office of the business. The clerk of the bankruptcy court can give you further information.

A municipality may not lease a street, alley, or public square in the municipality for use as oil, gas, or mineral land. A well may not be drilled in the thickly settled part of a municipality or within 200 feet of a private residence. Tex. Loc. Gov't Code Ann. '253.005

Also, all inquiries and requests to the Copyright Royalty Board services will not be received or responded to until the shutdown ends. Copyright Royalty Board website www.crb.gov and eCRB www.app.crb.gov will remain available.

The Copyright Royalty Judges announce the final allocation of shares of cable royalty funds for the years 2014, 2015, 2016, and 2017 among six claimant groups: the Joint Sports Claimants, Commercial Television Claimants, Public Television Claimants, Canadian Claimants Group, Settling Devotional Claimants, and Program Suppliers. For details, click here.

Librarian of Congress Carla Hayden appointed David P. Shaw to the position of Chief Copyright Royalty Judge in 2022. Judge Shaw will serve in an interim capacity to complete the term vacated by his predecessor. He then will serve a six-year appointment.

Prior to his appointment, Judge Shaw served more than ten years as an Administrative Law Judge at the International Trade Commission (ITC). In that role, he presided over more than 100 investigations, including evidentiary hearings involving fact testimony and expert witnesses, and issued lengthy decisions, often up to several hundred pages. A significant portion of his work involved intellectual property issues, including rate-setting cases, determining fair and reasonable licensing fees.

The Librarian of Congress appointed Judge Jesse Feder as Copyright Royalty Judge (copyright) in 2013 to fill a vacancy and complete the six-year term of his predecessor. The Librarian reappointed him to a six-year term in 2014. In 2019, the Librarian appointed him as Chief Copyright Royalty Judge upon the retirement of his predecessor to serve the remainder of her term. Judge Feder is the third chief judge.

The Librarian of Congress appointed Judge David Strickler as Copyright Royalty Judge (economics) in 2013 to fill a vacancy and complete the six-year term of his predecessor. The Librarian reappointed him to a six-year term in 2016 and to another six year-term in 2022.

Judge Strickler received his M.A. in economics from Columbia University in New York City in 1977, where he was a University Fellow. He earned his undergraduate degree, also in economics, in 1976, from New York University, where he was a Regents Scholar (and a member of the baseball team). Judge Strickler received his J.D. (cum laude) from the University of Miami School of Law in 1980, where he was a member of the Law Review. In law school, Judge Strickler was also a Law & Economics Fellow.

After law school, he spent several years as a federal litigator with the Department of Energy and the Commodity Futures Trading Commission. Thereafter, he was a commercial litigator in private practice in New Jersey for almost three decades.

The Librarian of Congress appointed Steve Ruwe to the position of copyright royalty judge. Effective Oct. 13, Ruwe will serve an interim appointment through Dec. 7, 2019, followed by a six-year appointment.

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