§ 64.092.Receiver for Contingent Interests in Minerals

Title 3. Extraordinary Remedies · Chapter 64. Receivership · Subchapter F. Receiver for Certain Mineral Interests · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 64.092 allows a receiver for land subject to a contingent future interest, to lease it for mineral development or to amend a lease to permit pooling, holding the proceeds for whoever takes.

Full Text of § 64.092

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j)

(a)On the application of a person who has a vested, contingent, or possible interest in land or an estate subject to a contingent future interest, a district court or the business court division of the county in which all or part of the land is located may appoint a receiver for the land or estate, pending the occurrence of the contingency and the vesting of the future interest, if:

(1)the land or estate is susceptible to drainage of oil, gas, or other minerals;

(2)lease of the land for oil, gas, or mineral development and the safe and proper investment of the proceeds will inure to the benefit and advantage of the persons entitled to the proceeds; or

(3)lease of the land for the production of oil, gas, or other minerals is necessary for the conservation, preservation, or protection of the land or estate or of a present, contingent, or future interest in the land or estate.

(b)As authorized or directed by the court, a receiver appointed under Subsection (a) may:

(1)lease the land for the development of oil, gas, or other minerals at public or private sale and on terms and conditions directed by the court; and

(2)receive, hold, and invest the proceeds of the lease for the benefit of persons who are entitled or may become entitled to those proceeds according to their respective rights and interests.

(c)On the application of a person who has a vested, contingent, or possible interest in land or an estate that is under an oil, gas, or mineral lease and is subject to a contingent future interest, a district court or the business court division of the county in which all or part of the land is located may appoint a receiver for the contingent future interests, pending the occurrence of the contingency and the vesting of the future interest, if:

(1)the lease fails to provide for pooling or contains pooling provisions that are ineffective as to the contingent future interest covered by the lease; and

(2)the pooling of the contingent future interest:

(A)is necessary to protect correlative rights;

(B)is necessary to prevent the physical or economic waste of oil, gas, or other minerals;

(C)will inure to the benefit and advantage of the persons entitled to the future interest; or

(D)is necessary for the conservation, preservation, or protection of the land or estate or of a present, contingent, or future interest in the land or estate.

(d)The lessee or an assignee of the lessee may apply for appointment of a receiver under Subsection (c). As authorized or directed by the court, the receiver appointed under that subsection may:

(1)amend the lease to authorize pooling for the contingent future interest on terms and conditions and for additional consideration directed by the court; and

(2)receive, hold, and invest the additional consideration for the benefit of the persons who are entitled or may become entitled to that consideration, according to their respective rights and interests.

(e)A court appointing a receiver under this section may confer on the receiver all powers necessary to the exercise of the receiver's authority.

(f)A lease executed or amended by a receiver under this section may authorize the lessee and his assigns to pool all or part of the land subject to the lease with adjacent land into a unit not to exceed 160 acres for an oil well or 640 acres for a gas well plus 10 percent tolerance or into a unit that substantially conforms to a larger unit prescribed or permitted by governmental rule.

(g)In an action for appointment of a receiver under this section, a person who has a vested, contingent, or possible interest in the land must be cited in the manner and for the time provided for in actions concerning title to land. A person not in being must be cited in the manner and for the time provided in actions against unknown owners or claimants of interest in land. In an action brought under Subsection (c), a person is not a necessary party if:

(1)the person's interest in the land subject to the lease is effectively subject to pooling authority under the lease; and

(2)enlargement of the pooling authority as to the person's interest is not sought.

(h)The court appointing a receiver under this section may order that, after payment of court costs, money paid to the receiver be deposited in the registry of the court for the use and benefit of the persons who are entitled or may become entitled to the money, according to their respective rights and interests. If the court then discharges the receiver, it may order that later payments under the lease accruing to the contingent future interest be deposited in the same manner and for the same purpose.

(i)This section does not apply to a mineral lease on land on which drilling began before October 5, 1949. This section does not authorize a lease of mineral interests on land subject to existing homestead rights without the written consent of the owner of the homestead rights given in the manner provided by law for the conveyance of homesteads.

(j)In this section, "contingent future interest" means a legal or equitable interest arising by way of remainder, reversion, possibility of reverter, executory devise, on the occurrence of a condition subsequent, or otherwise.

End

Plain-English Summary

A receivership for a different obstacle: not an absent owner but an owner who does not yet exist.

A contingent future interest is one that may vest in someone later — a remainder, a reversion, a possibility of reverter, an executory devise. The person who will take may be unborn or unascertained.

Nobody can sign a lease binding that interest, because the holder cannot be identified. Meanwhile the minerals can be drained from adjoining tracts.

On the application of a person with a vested, contingent, or possible interest, a district court or the business court division for the county may appoint a receiver pending the occurrence of the contingency where the land is susceptible to drainage, where a lease will inure to the benefit of the persons entitled to the proceeds, or where a lease is necessary for the conservation, preservation, or protection of the land or an interest in it.

Drainage is the classic case. Oil and gas migrate, and a tract that cannot be leased is a tract being emptied from next door.

The receiver may lease at public or private sale on the court’s terms and receive, hold, and invest the proceeds for those entitled according to their respective rights and interests.

Subsection (c) addresses a narrower problem: pooling. Where a lease fails to provide for pooling or its pooling provisions are ineffective as to the contingent interest, a receiver may be appointed to amend the lease to authorize pooling — on a showing that pooling protects correlative rights, prevents waste, benefits those entitled, or is necessary for conservation.

The lessee or an assignee may apply for that one, which is unusual — the party seeking the pooling authority may ask for the receiver who will grant it.

Citation reflects the difficulty of the subject. Interest holders are cited as in actions concerning title to land, and a person not in being is cited as an unknown owner.

Two limits close the section: it does not apply to land where drilling began before October 5, 1949, and it does not authorize a lease on land subject to existing homestead rights without the owner’s written consent.

Frequently Asked Questions

What is a contingent future interest?

A legal or equitable interest arising by remainder, reversion, possibility of reverter, executory devise or on a condition subsequent — the holder may be unborn or unascertained.

Why is a receiver needed?

Nobody can sign a lease binding such an interest, and the minerals may be drained from adjoining tracts meanwhile.

Can a lease be amended to allow pooling?

Yes, where the lease has no effective pooling provision for the contingent interest and pooling protects correlative rights, prevents waste, or benefits those entitled.

Is the homestead protected?

Yes. The section does not authorize a lease on land subject to existing homestead rights without the owner’s written consent.

Amendment History

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 912 (H.B. 40), Sec. 14, eff. September 1, 2025.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source