§50. Gas to be sold, purchased, and accounted for on basis of standard cubic
foot of gas; penalties
A. Each and every sale, and each and every purchase, delivery and
receipt of gas by volume hereafter made in this state, for which any accounting
for the price paid or received for the gas so sold, purchased, delivered, or
received must be made to an oil and gas lease owner, royalty owner
thereunder, or other mineral interest owner, shall be made and such gas shall
be measured, calculated, purchased, delivered, and accounted for on the basis
of a standard cubic foot of gas as defined in R.S. 30:47, and as determined
under this Part.
B. Whenever the provisions of this Part operate to change the basis of
measurement provided for in existing contracts, then the price for gas,
including royalty gas, provided for in such contracts shall, if either the
purchaser or seller so desires, be adjusted to compensate for the change in the
method of measuring the volume of gas delivered thereunder. This provision
is intended to protect parties to contracts now in existence, so that after August
21, 1992, the total amount of money paid for a volume of gas purchased, or
required to be accounted for, under existing contracts shall remain unaffected
by this Part.
C. Nothing in this Section shall affect or apply to purchases or sales
made on any basis other than a volume basis.
D. Any person, association of persons, or corporation who, as
purchaser thereof, shall knowingly fail or refuse to so measure, calculate, or
account for any such gas so purchased, shall be subject to a penalty of not less
than ten dollars nor more than five hundred dollars for each offense
recoverable in the name of the state in the district court of the parish in which
the state capital is located, and each day of such violation shall constitute a
separate offense.
E. Nothing in this Section shall prevent any aggrieved party from
maintaining a civil suit for damages in the parish or parishes in which the gas
is produced.
Acts 1992, No. 55, §2.