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Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT II § XI. Oil, Gas and Mineral Law

Current as of January 01, 2024 | Updated by Findlaw Staff

A. DEFINITION. Oil, gas and mineral law comprises law applicable to oil, gas and other minerals and interests in oil, gas and other minerals and to the acquisition, ownership, leasing, development, transfer, disposition and financing of these substances. The practice of oil, gas and mineral law requires, without limitation,

• knowledge of land titles and surface use;

• conveyances, contracts and other documents typically used in oil, gas and other mineral transactions;

• statutes and regulations affecting oil, gas and minerals;

• litigation involving oil, gas and mineral rights; and

• the taxation of oil, gas and other minerals and of transactions concerning them.

B. SUBSTANTIAL INVOLVEMENT. Applicant must show substantial involvement and special competence in Texas oil, gas and mineral law practice by providing such information as may be required by TBLS.

1. Certification.

a. Percentage of Practice Requirement. Applicant must have devoted a minimum of 35% of his or her time practicing Texas oil, gas and mineral law during each year of the 3 years immediately preceding application as defined in Section XI, A of the Specific Area Requirements for Oil, Gas and Mineral Law. Any time during which the applicant worked as a landman will not count toward the percentage of practice requirement.

b. Task Requirements. Applicant must provide information as required by TBLS concerning specific tasks he or she has performed in Texas oil, gas and mineral law. In evaluating experience, TBLS may take into consideration the nature, complexity, and duration of the tasks handled by applicant. For the 3 years immediately preceding application:

(1) Applicant must provide the number of matters or transactions he or she has handled in the following categories:

(a) Oil, gas and mineral leases,

(b) Lease assignments,

(c) Drilling or division order title opinions,

(d) Division orders,

(e) Purchase and sales contracts for oil, gas and minerals,

(f) Lease ratifications,

(g) Pooling or unitization agreements,

(h) Farmout agreements,

(i) Drilling and service contracts,

(j) Operating agreements,

(k) Mineral or royalty deeds,

(l) Easements, surface use and/or damage agreement,

(m) Gathering, processing and transportation agreements,

(n) Oil, gas and mineral deeds of trust,

(o) Oil, gas and mineral financing transactions,

(p) Sales, purchases and trades of oil, gas and mineral properties,

(q) Lease operations disputes,

(r) Ad valorem and other tax matters,

(s) Environmental issues, agreement or claims, including those related to hydraulic fracturing,

(t) Seismic agreements and the right of oil and gas operators to conduct seismic operations,

(u) Mineral contractor liens,

(v) Issues related to royalty payment, including production valuation and the deduction of post-production costs,

(w) Issues arising out of horizontal drilling, including regulatory issues and the ownership or production,

(x) Areas of mutual interest, participation and development agreements, and

(y) Other oil, gas and mineral law matters or transactions.

(2) Applicant must provide the number of matters in which he or she has provided substantive oil, gas and mineral law representation before regulatory agencies (e.g., the Railroad Commission of Texas, the Bureau of Ocean Energy Management, the Bureau of Safety and Environmental Enforcement, the Federal Energy Regulatory Commission) along with a summary of the nature of such representation.

(3) Applicant must provide the number of matters in which he or she has provided substantive oil, gas or mineral law representation before any tribunals (e.g. trial courts, appellate courts, arbitration panels, mediations) along with a summary of the nature of such representation.

c. Additionally, applicant must submit a resume or job summary reflecting his or her activities for at least 5 years immediately preceding application.

2. Recertification. Applicant must have devoted a minimum of 35% of his or her time practicing Texas oil, gas, and mineral law during each year of the 5 year period of certification as defined in Section XI, A of the Specific Area Requirements for Oil, Gas and Mineral Law except as provided for in Part I-General Requirements, Section VI, C, 1(b).

C. REFERENCE REQUIREMENTS. Applicant must submit a minimum of 5 names and addresses of persons to be contacted as references to attest to his or her competence in oil, gas and mineral law. These persons must be substantially involved in oil, gas and mineral law, and be familiar with applicant's oil, gas and mineral law practice.

1. Certification. Applicant must submit names of persons with whom he or she has had dealings involving oil, gas and mineral law matters within the 3 years immediately preceding application.

2. Recertification. Applicant must submit names of persons with whom he or she has had dealings involving oil, gas and mineral law matters since certification or the most recent recertification.

3. Reference Types. Applicant must submit the names of 5 Texas attorneys who are substantially involved in oil, gas and mineral law.

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Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT II § XI. Oil, Gas and Mineral Law - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtra-sect-xi/

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