VERNON'S TEXAS CIVIL STATUTES

CHAPTER 6. PATENTS




Art. 5414a. Validating patents on lands lying across or partly 
across water courses or navigable streams

Sec. 1. All patents to and awards of lands lying across or partly 
across water courses or navigable streams and all patents and 
awards covering or including the beds or abandoned beds of water 
courses or navigable streams or parts thereof, which patents or 
awards have been issued and outstanding for a period of ten years 
from the date thereof and have not been cancelled or forfeited, are 
hereby confirmed and validated.

Sec. 2. The State of Texas hereby relinquishes, quit-claims and 
grants to patentees and awardees and their assignees all of the 
lands, and minerals therein contained, lying across, or partly 
across watercourses or navigable streams, which lands are included 
in surveys heretofore made, and to which lands patents or awards 
have been issued and outstanding for a period of ten years from the 
date thereof and have not been cancelled or forfeited, and the State 
of Texas hereby relinquishes, quit-claims and grants to patentees 
and awardees and their assignees all of the beds, and minerals 
therein contained, or water courses or navigable streams, and also 
all of the abandoned beds, and minerals therein contained, of water 
courses or navigable streams, which beds or abandoned beds or parts 
thereof are included in surveys heretofore made, and to which beds 
or abandoned beds, or parts thereof, patents or awards have been 
issued and outstanding for a period of ten years from the date 
thereof, and have not been cancelled or forfeited;  provided that 
nothing in this Act contained shall impair the rights of the general 
public and the State in the waters of streams or the rights of 
riparian and appropriation owners in the waters of such streams, 
and provided further that with respect to lands sold by the State of 
Texas expressly reserving title to minerals in the State, such 
reservation shall not be affected by this Act;  nor shall relinquish 
or quit-claim any number of acres of land in excess of the number of 
acres of land conveyed to said patentee or awardees in the original 
patents granted by the State, but the patentees or awardees and 
their assignees shall have the same rights, title and interest in 
the minerals in the beds or abandoned beds, or parts thereof, of 
such water courses or navigable streams, that they have in the 
uplands covered by the same patent or award;  provided that this Act 
shall not in any way affect the State's title, right or interests in 
and to the sand and gravel, lying within the bed of any navigable 
stream within this State, as defined by Article 5302, Revised 
Statutes of 1925.

Sec. 3. All of the provisions of this Act shall apply equally to all 
Spanish and Mexican land grants and titles issued by the Spanish or 
Mexican Governments prior to the Texas Revolution of 1836, which 
have subsequently been recognized by the Republic of Texas, or by 
the State of Texas as valid.

Acts 1929, 41st Leg., p. 298, ch. 138.                                        




Art. 5414a-1. Validating deeds of acquittance on lands lying across 
or partly across water courses or navigable streams

Sec. 1. All deeds of acquittance to lands lying across or partly 
across water courses or navigable streams and all deeds of 
acquittance covering or including the beds or abandoned beds of 
water courses or navigable streams or parts thereof, which deeds of 
acquittance have been issued and outstanding for a period of ten 
years from the date thereof and have not been cancelled or 
forfeited, are hereby confirmed and validated.

Sec. 2. The State of Texas hereby relinquishes, quit claims and 
grants to grantees and their assignees all of the lands, and 
minerals therein contained, lying across, or partly across water 
courses or navigable streams, which lands are included in surveys 
heretofore made, and to which lands deeds of acquittance have been 
issued and outstanding for a period of ten years from the date 
thereof and have not been cancelled or forfeited;  and the State of 
Texas hereby relinquishes, quit claims and grants to grantees and 
their assignees all of the beds, and minerals therein contained, of 
water courses or navigable streams and also all of the abandoned 
beds, and minerals therein contained, of water courses or navigable 
streams, which beds or abandoned beds or parts thereof are included 
in surveys heretofore made, and to which beds or abandoned beds, or 
parts thereof, deeds of acquittance have been issued and 
outstanding for a period of ten years from the date thereof, and 
have not been cancelled or forfeited;  provided that nothing in this 
Act contained shall impair the rights of the general public and the 
State in the waters of streams or the rights of riparian and 
appropriation owners in the waters of such streams;  and provided 
further, that with respect to lands sold by the State of Texas 
expressly reserving title to minerals in the State, such 
reservation shall not be affected by this Act;  nor shall the State 
of Texas relinquish or quit claim any number of acres of land in 
excess of the number of acres of land conveyed to said grantees in 
the deeds of acquittance granted by the State, but the grantees and 
their assignees shall have the same rights, title and interest in 
the minerals in the beds or abandoned beds, or parts thereof, of 
such water courses or navigable streams, that they have in the 
uplands covered by the same deed of acquittance;  provided that this 
Act shall not in anyway affect the State's title, right or interest 
in and to the sand and gravel lying within the bed of any navigable 
stream within this State, as defined by Article 5302, Revised 
Statutes of 1925.

Sec. 3. All of the provisions of this Act shall apply equally to all 
Spanish and Mexican land grants and titles issued by the Spanish or 
Mexican governments prior to the Texas Revolution of 1836, which 
have subsequently been recognized by the Republic of Texas, or by 
the State of Texas, as valid.

Sec. 4. No provision of this Act shall affect the rights of any 
parties involved in pending litigation at the effective date of 
this Act.  The provisions of this Act are and shall be held and 
construed to be cumulative of all laws of this State on the subject 
treated of and embraced in this Act.  All laws or parts of laws in 
conflict herewith are hereby repealed.  If any section, 
subdivision, paragraph, sentence or clause of this Act shall be 
held to be unconstitutional, the remaining portions of this Act 
shall nevertheless be held valid and binding.

Acts 1955, 54th Leg., p. 660, ch. 232.                                        




Art. 5414c. Effect of judgment in action to recover abandoned land 
titled before adoption of common law

That in any case where any land in the State of Texas was titled 
prior to the adoption of the Common Law on March 20, 1840, and there 
has been a judicial finding that the original grantee of said land 
abandoned said land prior to the adoption of the Common Law, and the 
State of Texas has at any time instituted suit for the recovery of 
said land, resulting in a final judgment adverse to the State of 
Texas whether on demurrer, exception, or a jury finding of fact, it 
shall be conclusively presumed that those now claiming said land 
under conveyance from, or judgment against, the original grantee or 
his heirs, are vested with all title to said land which was vested 
in said original grantee by virtue of any patent or title from the 
sovereignty of the soil to him.

Acts 1933, 43rd Leg., p. 398, ch. 156.