Tex. Codes » Natural Resources Code · TITLE 3. OIL AND GAS · SUBTITLE B. CONSERVATION AND REGULATION OF OIL AND GAS · CHAPTER 85. CONSERVATION OF OIL AND GAS
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Tex. Nat. Res. Code § 85.321 (2026)

Suit For Damages

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Sec. 85.321. SUIT FOR DAMAGES. A party who owns an interest in property or production that may be damaged by another party violating the provisions of this chapter that were formerly a part of Chapter 26, Acts of the 42nd Legislature, 1st Called Session, 1931, as amended, or another law of this state prohibiting waste or a valid rule or order of the commission may sue for and recover damages and have any other relief to which he may be entitled at law or in equity. Provided, however, that in any action brought under this section or otherwise, alleging waste to have been caused by an act or omission of a lease owner or operator, it shall be a defense that the lease owner or operator was acting as a reasonably prudent operator would act under the same or similar facts and circumstances.

Acts 1977, 65th Leg., p. 2527, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 1071, Sec. 1, eff. Aug. 31, 1987.

Notes of Decisions
Cited in 20 cases (5 in the last 5 years), 1993–2024 · leading case: Exxon Corp. v. Emerald Oil & Gas Co., LC, 331 S.W.3d 419 (Tex. 2010).
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Exxon Corp. v. Emerald Oil & Gas Co., LC, 331 S.W.3d 419 (Tex. 2010). · cites it 3× “Tex. Nat. Res.Code § 85.321. The court of appeals held that section 85.”
Exxon Corp. v. Miesch, 180 S.W.3d 299 (Tex. App.—Corpus Christi 2005). · cites it 3× “Tex. Nat. Res.Code Ann. § 85.321 (Vernon 2001).”
HECI Expl. Co. v. Neel, 982 S.W.2d 881 (Tex. 1999). “…or operator was acting as a reasonably prudent operator would act under the same or similar facts and circumstances. Tex. Nat. Res.Code§ 85.321.”
Forest Oil Corp. v. El Rucio Land & Cattle Co., 446 S.W.3d 58 (Tex. App.—Houston [1st Dist.] 2014). · cites it 2× “3 See Tex. Nat. Res.Code Ann. § 85.321 (Vernon 2011); Exxon Corp.”
Arkla Expl. Co. v. Haywood, Rice & William Venture, 863 S.W.2d 112 (Tex. App.—Texarkana 1993). · cites it 4× “TEX.NAT.RES.CODE ANN. § 85.321 (Vernon 1993).”
Vela v. Wagner & Brown, Ltd., 203 S.W.3d 37 (Tex. App.—San Antonio 2006). “2d at 572 (noting that a royalty interest is an interest in real property).”
H.G. Sledge, Inc. v. Prospective Inv. & Trading Co., 36 S.W.3d 597 (Tex. App.—Austin 2000). “Tex.Nat.Res. Code Ann. § 85.321 (West 1993).”
Discovery Operating, Inc. v. BP Am. Prod. Co., 311 S.W.3d 140 (Tex. App.—Eastland 2010). “The trial court ordered that the cause be abated “until a ruling or rulings of the Railroad Commission can be had to determine what, if any, violations of the Railroad Commission rules, regulations or permits have occurred.”
In re Apache Corp., 61 S.W.3d 432 (Tex. App.—Amarillo 2001). “” Tex. Nat. Res.Code Ann. § 85.321 (emphasis supplied).”
Ring Energy v. Trey Res., Inc., 546 S.W.3d 199 (Tex. App.—El Paso 2017). · cites it 2× “Ring sought damages and equitable relief under TEX.NAT.RES.CODE ANN. § 85.321 (West 2011) which authorizes a cause of action in favor of an owner of an interest in property or production "that may be damaged" by waste.”
Emerald Oil & Gas, L.C. ex rel. Saglio P'ship Ltd. v. Exxon Corp., 228 S.W.3d 166 (Tex. App.—Corpus Christi 2005). “Tex. Nat. Res.Code Ann. § 85.321 (Vernon 2001).”
Carroll L. Lee v. Mem'l Prod. Operating, LLC, No. 03-22-00063-CV (Tex. App.—Austin Feb. 29, 2024). · cites it 3× “See Tex. Nat. Res. Code § 85.321 (establishing cause of action and defense), .”
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