Competitiveness in the Texas market requires an efficient legal team to ensure that your business operates in full compliance with all applicable laws and regulations. At MBB, we understand this need and offer general law-related assistance, along with services in the field, including solar energy land leasing, title insurance and closings, and estate planning laws.
If you’re seeking a clear guide to the legal services in Texas as offered by firms like ours in Texas, this blog is the perfect place to start.
Comprehensive Commercial Legal Services We Offer
Oil & Gas Law
Major Requisites
- Surface Use Agreements (SUAs) – SUA negotiations are crucial for establishing terms related to drilling, access roads, and equipment placement. Without a formal SUA, commercial companies lack contractual protections against potential surface damage and operational disruptions.
- RCC Permits- Commercial properties involved in or near oil and gas operations must adhere to Texas Railroad Commission (RRC) permissions for water usage and disposal pits.
- Lease Term Review – A careful review of lease terms is necessary to understand when royalties are triggered and what surface rights obligations the lessee must fulfil, thereby minimising the risks of costly disputes.
- Insurance Coverage – Operators have a legal duty to plug wells and restore the surface after production ceases properly. Therefore, insurance coverage should be verified to prevent liability for abandoned wells on their land.
Services Offered:
- Title and Ownership Review – We thoroughly check the ownership of land and mineral rights to identify any existing leases that affect the property.
- Draft Surface Use Agreements (SUAs) – As a part of our oil and gas law services, we set the terms of oil and gas operations on the land by preparing contracts and negotiating protection for the client’s land and restoration responsibilities.
- Regulatory Compliance – We verify that the operator has all the necessary permits from RCC and is complying with the environmental rules.
- Transactional advising – Our team advises on the legal aspects of mergers, acquisitions, divestitures, and financing related to oil and gas assets, ensuring your transactions are structured with legal soundness.
Real Estate Law
Major Requisites
- Written Contract – According to Texas laws, a written contract is required for leasing or buying a property for more than one year for the contract to be deemed as valid.
- Notice of prior claim – Businesses must ensure that there are no liens or title defects that may cloud ownership, because, as per the notice recording system in the state, the first party to record a deed without notice of prior claims generally has ownership rights.
- Zoning Ordinance– Local government regulates the commercial usage of land through zoning ordinances under the Texas Local Government Code. Official permits and approvals for building and land use changes are a must.
Services Offered:
- Rent Escalation – We seek to minimise disputes while establishing lease terms. This is achieved by structuring rent escalation formulas, which include clauses such as conditions for early termination, renewal, or expansion options.
- Land Ordinance – We provide real estate law services by advising clients regarding the significance of the land ordinance, zoning impacts on proposed uses, and legal claims related to arbitrary enforcement under Texas constitutional law.
- Public Notice Requirements – Additionally, we manage public notice requirements and address community concerns in accordance with the Texas Local Government Code, Chapter 211.
Business Law
Major Requisites
- Certificate of Formation – This is a legal document that must be filed with the Texas Secretary of State to establish a business entity officially. The drafting and adoption of a company agreement or bylaws are essential for legal governance.
- Sales and Use Tax permit – A Texas tax permit should be registered with the Texas Comptroller to gain local permissions.
- Texas Payday Laws – Taxes must be paid on time while adhering to federal wage, hour, and anti-discrimination laws. (FLSA, Title VII, ADA, etc.)
- Annual Public Information Report – This document must be filed with the Texas Comptroller to avoid forfeiture of the right to transaction business and personal liabilities.
Services Offered
- Entity Selection & Formation – Licensed attorneys with years of experience in business law at MBB draft and review operating agreements, bylaws, and shareholder agreements to ensure compliance with federal laws.
- Reviewing Business Contracts – Providing legal support in drafting, reviewing, and negotiating purchase and sale agreements, service contracts, and joint venture agreements is a part of our business law services. They ensure that these contracts are legally appropriate.
- Copyright Registration – We advise businesses on the copyright registration and non-disclosure agreement processes to safeguard proprietary information and trade secrets.
- Succession Planning Strategies – Our team helps businesses in developing strategies for the transfer of ownership and management to ensure continuity and minimise tax implications.
Renewable Energy Law
Major requisites
- TDLR Electrical License – Businesses are required to have a Texas Electrical Contractor License and must employ one Master Electrician. This is required for setting up grid solar PV systems.
- Renewable Energy Certificates (RECs) – RECs are key instruments for tracking and trading renewable electricity generation. They are important for corporate and regular entity businesses.
- Interconnection Agreement – These are required for connecting the distributed generation grid to the solar system.
Services Offered
- Electrical Contractor License – Our extremely knowledgeable attorneys guide solar and wind contractors in obtaining the Electrical Contractor License while meeting the NEC standards and local inspection requirements.
- Solar Land Lease Agreement – In our solar energy land leasing law services, we structure long-term solar land leases and draft Option-to-lease agreements.
- Power Purchase Agreements – MBB is proficient in drafting customised Power Purchase Agreements (PPAs) for ERCOT market conditions, including regulatory risk provisions, pricing, and curtailment.
Title Insurance & Closing Services
Major Requisits:
- Title Agent License – It is required to provide title insurance and closing services in Texas. Additionally, a Texas escrow officer license is required for handling funds or closing documents.
- State-Mandated Forms – All such agencies must use the Texas-promulgated form, such as the T-1 Owner’s Policy and T-2 Loan Policy, and use fixed premium rates as per the TDI.
- Separate trust Account – Title companies are required to have a separate trust account for all escrowed funds and comply with the Texas “ good-fund” rule under the Texas Insurance Code.
- Losing Disclosure (CD) – Businesses must align with RESPA and TILA compliance while handling federally backed loans.
Services Provided
- Title Agency Registration– Registering as a title agency with the Texas Department of Insurance (TDI) is streamlined by preparing and filing the Certificate of Authority on the company’s behalf.
- Compliance Training – Staff is given training related to RESPA/TILA disclosures, HUD-1 legacy handling, and Consumer protection in federally insured transactions.
- Escrow Agreement Preparation– Our team will be drafting a formal legal document that outlines the terms, conditions, and responsibilities governing the holding and disbursement of funds or documents by an escrow agent during a real estate transaction.
Energy Regulatory & Environmental Compliance
Major Requisits
- Texas Commission on Environmental Quality (TCEQ) Permits – Businesses must get permits as per the Texas Clean Air Act and Texas Water Code for air emissions, water discharges, and waste management
- Public Utility Commission of Texas (PUCT) Compliance – Registration with PUCT is required if the business involves electricity generation, transmission, or retail sale.
- Environmental Reporting – Agencies are required to submit Annual Emissions Reports (AERs) and Toxic Release Inventory (TRI) reports in compliance with the Texas Emissions Reduction Plan (TERP) for certain emission reduction programs.
Services Offered :
- Environmental Assessment – We manage Phase I and Phase II Environmental Site Assessments, implement emissions and discharge monitoring programs, and prepare associated reports.
- Registration of permits – Drafting and filing of all necessary permits with the TCEQ and as per requirements of PUCT and ERCOT for energy market participation is a part of MBB’s Energy Regulatory & Environmental Compliance Law Services.
- Environmental Management Systems (EMS) – Customised EMS frameworks are developed, aligned with ISO 14001 standards, and tailored for energy companies.
Estate Planning
Major Requisites:
- Valid Legal Documents – (a) Last will and testament written in accordance with Texas state requirements. (b) Trust Agreements that may be revocable or irrevocable. (c) Power of attorney to establish a durable power for medical and financial decisions.
- Beneficiary Designations – The correct and up-to-date beneficiary designations on retirement accounts, insurance policies, and payable-on-death accounts will help avoid conflicts over the estate plan.
- Transfer on Death Deed (TODD) – It is the deed to directly transfer the estate to the beneficiary upon the person’s death.
Services Provided :
- Drafting Estate-Related Documents – We offer services for drafting and customising wills and codicils in accordance with the Texas Estates Code. These include bypass trusts, marital deduction trusts, and a HIPAA-compliant release form.
- Creation of Living Trust – Our estate planning services include the creation of revocable or irrevocable trust funds, and assets are retitled to the trust organization. Living Trust creation also includes drafting of successor trustee provisions and distribution terms.
- Estate Tax Planning– This includes preparing lifetime gifting strategies, including annual exclusions and charitable donations, to reduce taxable estate, coordinating with accountants for IRS Form 709 filings, and establishing irrevocable trusts, such as Irrevocable Life Insurance Trusts (ILITs), to remove assets from the estate.
Why Choose MBB for Your Legal Needs in Texas?
Established in 2008, MBB is a trusted legal firm known for delivering effective and tailored solutions. Our team of highly experienced attorneys, all certified by the Texas Board of Legal Specialization, is committed to addressing your unique legal challenges with personalized attention. We offer a wide range of services, including business formation, curative preparation, energy regulatory consulting, commercial transaction guidance, estate planning, and probate representation. For the past nine years, we have also published annual Case Law Updates covering Texas, Oklahoma, New Mexico, Ohio, and Federal Courts, specifically focusing on cases impacting the energy industry — a testament to our experience and dedication.
Have questions? Give us a call at 210.824.2188 — we’re here to help you move forward with confidence.