(a) Release of a state oil and gas lease.
  (1) Availability. All or part of a state oil and gas leasehold interest may be released to the state by its lessee at any time. See also Texas Natural Resources Code, §52.027.
  (2) Procedure. A release is effectuated only by complete compliance with the following:
    (A) recording the release in each county in which any part of the original acreage covered by the lease is located;
    (B) filing with the GLO the recorded original or a certified copy of the recorded original of each release recorded as required by this subsection within 90 days after the execution of each such release; and
    (C) properly paying the filing fees and providing the information as required in subsection (b) of this section.
(b) Fees and other required information. The following must accompany each release and counterpart required to be filed in the GLO under this section:
  (1) a list clearly designating each state lease, as identified by its mineral file number, affected by the release;
  (2) the payment of the filing fee required by §3.31 of this title, (relating to Fees) for each state lease, as identified by its mineral file number, affected by the release;
  (3) an adequate legal description of the premises released including the survey name, block, township, county, and any other descriptive information requested by the GLO;
  (4) in cases of vertical severance, partial releases shall be filed in the same manner as complete releases are filed, and must include a metes and bounds description of the area so released, including relevant plats, unless the area released can be and is accurately described as a part of the section; and
  (5) in cases of horizontal severance, a partial release shall be filed in the same manner as complete releases are filed, and must include a description of all relevant depths and formations.
(c) If a release is not properly filed within 90 days of its execution, then the filing fee due shall be double the normal fee.
(d) Release of terminated lease.
  (1) A lessee should record and file a release of a terminated lease in the manner set out in this subsection. Such filing must be made in accordance with all of the requirements of this section.
  (2) A lessee's failure to file a release does not prevent the automatic termination of a lease.
(e) Acceptance by the GLO. The GLO may waive any or all of the requirements of this section and accept a signed release even if lessee has failed to fully comply with this section.

Source Note: The provisions of this §9.92 adopted to be effective January 7, 1999, 24 TexReg 146; amended to be effective August 9, 2009, 34 TexReg 5379