Mineral Rights in Texas: What Owners Need to Know
Texas is the largest oil-producing state in the country, and it handles mineral rights differently from most other states. If you own minerals in Texas, the land descriptions, regulatory framework, and record systems will look unfamiliar if you're used to Oklahoma, North Dakota, or other PLSS states.
No Section-Township-Range (Mostly)
Most oil-producing states use the Public Land Survey System (PLSS) to describe land by section, township, and range. Texas does not, except in the panhandle.
Instead, Texas uses a system based on original land grants and surveys. Each tract of land is identified by:
- Abstract number: a unique number assigned to the original land grant in each county
- Survey name: the name of the original grantee (often a person or a railroad company)
- Block: a grouping of surveys, commonly used in West Texas
A typical Texas legal description might read: "Abstract 1234, H&TC Railway Company Survey, Block 42, Section 7, Reeves County, Texas." Some areas use section numbers within a block, but it's not part of a statewide grid like PLSS.
This makes land research in Texas different. You search by abstract number and survey name rather than section-township-range.
The Texas Railroad Commission
The Railroad Commission of Texas (RRC) regulates oil and gas in the state, despite the name. Their free online tools include:
- Production Data Query (PDQ): production data from 1993 to present
- GIS Viewer: interactive map of wells and pipelines
- Online Research Queries: drilling permits, well records, operator data
- Downloadable data sets: bulk data for wells, production, and permits
All of these are free and publicly accessible.
County Records
Texas has 254 counties. TexasFile covers all of them with free index searches and $1/page document downloads. CourthouseDirect covers about 96 counties with historical title plants and scanned documents.
Many county clerk offices also have their own online search portals, though coverage and usability vary.
No Forced Pooling for Oil
Texas does not have forced pooling for oil wells. If you refuse to lease, the operator cannot force you into a unit (for oil production). They can drill around you, but they can't pool your minerals without consent.
For gas wells, the Mineral Interest Pooling Act (MIPA) allows the RRC to order pooling, but it's used less aggressively than Oklahoma's forced pooling.
This gives Texas mineral owners more leverage in lease negotiations but also means you could end up with a well draining your minerals without you participating or being compensated (the Rule of Capture allows the operator to produce oil that migrates from under your land to theirs).
Community Property State
Texas is a community property state. Minerals acquired during marriage are generally community property owned equally by both spouses. This affects inheritance, divorce, and lease negotiations. If you inherited minerals in Texas, understand whether they were community property or separate property, because it determines who has authority to lease or sell.
Severance Tax
Texas charges a severance tax on oil (4.6% of market value) and natural gas (7.5% of market value). This is withheld by the operator and appears on your check stub. There's a reduced rate for certain low-producing and high-cost wells.
Key Takeaways for Texas Mineral Owners
- Learn the abstract/survey/block system instead of section-township-range
- Use the RRC's free online tools for well and production data
- Use TexasFile for county deed research
- No forced pooling for oil gives you leverage, but the Rule of Capture means inaction has consequences
- Community property rules affect who can lease and who inherits
- Deduction clauses in Texas leases are especially important to review
MinRight tracks your Texas properties using whatever legal description format they use. Enter the abstract, survey, and block information in the property record alongside your leases, wells, and payments. For research resources, see our post on finding mineral rights online.
Also see our guides for Oklahoma, North Dakota, Pennsylvania, and Kansas.