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Anderson Petro-Equipment, Inc. v. State

Appellants challenge the district court's judgment on the ground that the state's claims are "post-dissolution" claims for which neither the dissolved corporation nor its officers and directors are liable. The existing claims were brought against the dissolved corporation before the expiration of the three-year period following the date of dissolution, as required by Texas Business Corporations Act Article 7.12. Austin Court of Appeals, No. 03-08-00467-CV, 06-21-2010

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OPINION

The State of Texas brought an action in district court to enforce three final orders issued by the Railroad Commission assessing administrative penalties against Anderson Petro- Equipment, Inc. (Anderson Petro) for failure to plug inactive wells in violation of the Texas Natural Resources Code. See Tex. Nat. Res. Code Ann. § 81.0534 (West 2001). The State sued Anderson Petro and its president, Curtis Ray Anderson, (collectively, appellants) to enforce the orders and to recover additional penalties, attorneys’ fees, and clean-up costs. See id. §§ 85.381,.383, 89.083. The State’s claims against Anderson individually sought (1) to enforce two of the three final orders that were issued after Anderson Petro forfeited its corporate privileges and charter, and (2) to recover clean-up costs incurred by the State after the forfeiture. See Tex. Tax Code Ann. § 171.255 (West 2008). Appellants challenge the district court’s judgment on the ground that the State’s claims relating to the two final orders issued after Anderson Petro forfeited its corporate privileges are “post-dissolution” claims for which neither the dissolved corporation nor its officers and directors are liable. We will affirm.

FACTUAL AND PROCEDURAL BACKGROUND

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