Terms Used In Texas Occupations Code 954.001

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

In this chapter:
(1) “Land services”:
(A) means the performance or supervision of one or more of the following activities:
(i) negotiating the acquisition or divestiture of mineral rights or rights associated with other energy sources;
(ii) negotiating business agreements or easements to provide for the exploration for or development of minerals or other energy sources;
(iii) ascertaining ownership in mineral rights or rights associated with other energy sources and related real property through the research of public and private records;
(iv) reviewing the status of title, curing title defects, providing title due diligence, and otherwise reducing title risk associated with the ownership, acquisition, or divestiture of mineral rights, property associated with minerals, or rights associated with other energy sources, excluding:
(a) administrative functions;
(b) division order functions; and
(c) lease analyst functions;
(v) managing rights or obligations derived from ownership of interests in minerals or rights associated with other energy sources; or
(vi) using or pooling mineral interests or rights associated with other energy sources; and
(B) does not include determining, examining, or reviewing the status of title in connection with transactions that are primarily for:
(i) the sale, purchase, or encumbrance of the surface of the land unassociated with mineral rights or other energy sources; or
(ii) the mortgage of real property used or intended to be used primarily for residential purposes.
(2) “Mineral” has the meaning assigned by § 75.001, Property Code. The term includes oil, gas, related hydrocarbons, coal, lignite, uranium, and substances classified as base, industrial, precious, or strategic minerals.
(3) “Other energy source” means a natural resource other than a mineral that is necessary to produce energy, including geothermal, hydroelectric, nuclear, solar, and wind energy.