Texas DO under Texas statutes

[Kit_Farwell]

I know that a signed division order is required in Texas, but a mineral company is insisting on using a DO that is listed under Texas statutes. Is this DO required, or can we use a NADOA DO in Texas?

 (https://statutes.capitol.texas.gov/Docs/NR/htm/NR.91.htm)

That DO similar to the NADOA DO except for this language: INDEMNITY: The owner agrees to indemnify and hold payor harmless from all liability resulting from payments made to the owner in accordance with such division of interest, including but not limited to attorney fees or judgments in connection with any suit that affects the owner’s interest to which payor is made a party.

That language sounds dangerous to include in a DO. But at any rate, can we use the NADOA DO in Texas?

[J_Walker]

Yes, you can substitute the NADOA or mark out any language not in the statute. I believe you can set your own payment minimum at less than the usual $100 as well.

[Kit_Farwell]

Thanks. What I’m wondering is if a company can “require” the DO listed in the statute. I mailed in a NADOA DO to replace the “statute DO” because I didn’t like the above language in the statute, and the company mailed me back the statute DO. - Kit

[J_Walker]

I would say that I stand corrected.