VERNON'S TEXAS CIVIL STATUTES
CHAPTER 7. GENERAL PROVISIONS
Art. 5415e-4. Dredge Materials Act
Short Title
Sec. 1. This Act may be cited as the Dredge Materials Act.
Policy
Sec. 2. (a) It is the declared policy of the state to seek, to the
fullest extent permissible under all applicable federal law or
laws, the delegation to the state of the authority which the corps
of engineers exercises under Section 404, as defined in this Act,
over the discharge of dredged or fill material in the navigable
waters of the State of Texas.
(b) It is the declared policy of the state that the state should not
duplicate the exercise of such authority by the corps of engineers,
but should instead exercise such authority in lieu of the corps of
engineers, so that no permit application is subject to duplicate
levels of regulation.
Definitions
Sec. 3. As used in this Act, unless the context clearly requires
otherwise:
(a) "Agency" means the Texas Water Quality Board.
(b) "Agreement" means a written agreement or contract between the
State of Texas and the United States, authorizing the State of
Texas, through (name of an existing agency), to regulate the
discharge of dredged or fill material in the navigable waters of the
state under the authority granted by Section 404, as defined in this
Act.
(c) "Corps of engineers" means the United States Army Corps of
Engineers.
(d) "Discharge of dredged or fill material" has the same meaning as
it has in Section 404 as defined in this Act.
(e) "Navigable waters" has the same meaning within the boundaries
of the State of Texas as it has in Section 404 as defined in this
Act.
(f) "Section 404" means Section 404, Federal Water Pollution
Control Act Amendments of 1972 (33 U.S.C. Section 1344), as it may
be amended, and such regulations as may be from time to time
promulgated thereunder.
Limitations
Sec. 4. (a) Nothing in this Act shall be construed as authorizing
any state agency or political subdivision to regulate the discharge
of dredged or fill material in the navigable waters of the state in
any manner different from or inconsistent with the requirements of
Section 404.
(b) Nothing in this Act shall be construed as authorizing any state
agency or political subdivision to regulate the discharge of
dredged or fill material in the navigable waters of the state:
(1) by the corps of engineers;
(2) by persons operating under contract with the corps of
engineers;
(3) when the corps of engineers certifies that such discharge is
incidental to a project undertaken by the corps of engineers or
persons operating under contract with the corps of engineers, and
that such incidental discharge was announced and reviewed at the
same time and under the same conditions as such project; or
(4) by cities which own and operate deepwater port facilities, or by
navigation districts or port authorities, or by persons operating
under contract with such cities, navigation districts, or port
authorities, when such discharges are part of or incidental to a
navigation project to be paid for with public funds or when such
navigation project is to be owned by such cities, navigation
districts, or ports.
(c) Nothing in this Act shall be construed as authorizing any state
agency or political subdivision to regulate the discharge of
dredged or fill material in the navigable waters of the state in any
manner unless and until an agreement as described in this Act is
validly entered into and in effect.
(d) Nothing in this Act shall be construed as authorizing any state
agency or political subdivision to exercise any authority under
this Act except in accordance with an executive order of the
governor.
(e) Nothing in this Act shall be construed as authorizing any state
agency or political subdivision to regulate the discharge of
dredged or fill material in the navigable waters of the state in any
manner different from, or inconsistent with, the agreement
described in this Act.
(f) Nothing in this Act shall be construed as affecting any
application for a permit from the corps of engineers to discharge
dredged or fill material in the navigable waters of the state if
such application is received by the corps of engineers or
postmarked before the effective date of the agreement described in
this Act.
Agreement
Sec. 5. (a) The governor is hereby authorized to enter into an
agreement on behalf of the State of Texas, with the United States,
acting through its authorized officials, under the terms of which
the agency will regulate the discharge of dredged or fill material
in the navigable waters of the state.
(b) The governor is expressly authorized to include whatever terms
and conditions in such agreement he may deem to be in the best
interest of the state, including provisions regarding the
termination of such agreement.
(c) The authority of the governor under the Act to enter into such
an agreement shall not be delegated.
(d) The legislature expressly finds that the provisions of this
section are necessary to enable the governor to carry out his
responsibilities under this Act.
Not Severable
Sec. 6. The provisions of this Act are expressly declared not to be
severable, and if any provision of this Act shall be found to be
invalid, the entire Act shall be null and void and of no further
force or effect.
Acts 1977, 65th Leg., p. 1906, ch. 759, eff. Aug. 29, 1977.
Art. 5421b. Withdrawal from market of lands adjacent to Caddo Lake
Sec. 1. All public land lying beneath or adjacent to the waters of
Caddo Lake in Marion, Harrison and adjoining counties, and all such
public lands heretofore sold by the State that may hereafter revert
to the State and become a part of the public domain, be and the same
is hereby withdrawn from the market and the title thereto shall
remain in the State of Texas to be enjoyed by the public for fishing
and hunting and for State park purposes as may hereafter be provided
by Law; and the Land Commissioners is hereby directed to offer no
portion of said land for sale nor to receive any bids therefor.
Sec. 2. The Commissioner of the General Land Office may lease any or
all of said land for mineral purposes, as now provided by Law, but
before the same shall be leased it shall be advertised in some
newspaper published at Marshall or Jefferson Texas, stating what
land is to be leased and the prices offered therefor; and such
advertisement shall invite other and additional bids thereon, and
the lease shall only be made to the highest bidder.
Acts 1929, 41st Leg., p. 430, ch. 198.
Art. 5421b-1. Leasing for minerals of lands under and adjacent to
Caddo Lake and tributaries
Sec. 1. All or any part of the Public Lands belonging to the State
situated in and under the bed of Caddo Lake and the tributaries
thereto and all or any part of such lands adjacent thereto shall be
subject to lease for mineral development by the Commissioner of the
General Land Office to any person, firm or corporation in
accordance with the provisions of existing or future laws
pertaining to the leasing and development of all islands,
salt-water lakes, bays, inlets, marshes and reefs, owned by the
State within tidewater limits, and that portion of the Gulf of
Mexico within the jurisdiction of Texas, and all unsold public free
school land, both surveyed and unsurveyed, in so far as same are not
in conflict herewith.
Sec. 2. The development and operation upon the lands included
herein shall be conducted so far as practicable in such manner as to
prevent such pollution of the water as will destroy fish or
wildlife. The Commissioner of the General Land Office, with the
advice and assistance of the Game and Fish Commission, shall
prescribe and enforce such rules and regulations as may be
necessary for that purpose.
Acts 1955, 54th Leg., p. 844, ch. 311.
Art. 5421c. Regulating sale and lease of school lands, public lands
and river bed; Board of Mineral Development created
Secs. 1 to 8. Repealed by Acts 1977, 65th Leg., p. 2689, ch. 871,
art. I, Sec. 2(a)(1), eff. Sept. 1, 1977.
Sec. 8-A. The beds of rivers and channels belonging to the State
shall be subject to development by the State and to lease or
contract for the recovery of petroleum oil and/or natural gas, in
tracts of such size as may from time to time be determined by the
hereinafter created board, subject to the conditions contained in
this Section.
Subsections 1 to 6a. Repealed by Acts 1977, 65th Leg., p. 2689, ch.
871, art. I, Sec. 2(a)(1), eff. Sept. 1, 1977.
Subsection 6b. As to any and each lease and/or contract heretofore
made by the Board of Mineral Development, such Board shall be, and
it is hereby, authorized and empowered to revise the same, with the
consent of the lessees and/or contracting parties thereunder, their
heirs, successors or assigns, in such wise as to subject such lease
and/or contract thenceforth to the public policy declared in
Subsection 6a. Such revision shall be accomplished by supplemental
or modificatory instrument on such terms as the Board of Mineral
Development may deem fair and advantageous to this State, but only
after a proposal for such revision shall be formally made, in a
public document, to the said Board of Mineral Development, by the
lessees and/or contracting parties under such lease and/or
contract, their heirs, successors or assigns; and provided that in
consideration of the consent by such lessees and/or contracting
parties, their heirs, successors or assigns, to such revision the
Board of Mineral Development shall not reduce the State's share of
the oil and/or gas to be received in the future under such lease
and/or contract to less than one-fourth of the gross production of
oil and/or gas from the land described in such lease and/or
contract.
Provided that any revision made under this Act as referred to
hereinbefore shall contain in such supplemental or modificatory
instrument the power and authority on the part of the Board of
Mineral Development to re-instate any money requirement or reduced
royalty requirement at any time that in the opinion of the Board
such re-instatement should, in view of the then existing conditions
and fairness to the State of Texas under the original lease or
contract, be made; and the Board of Mineral Development shall
exercise such power whenever in its opinion the interest of the
State of Texas requires the exercise of such power; provided,
further that said Board may modify said contract as aforesaid by
adjusting up or down from time to time the State's portion of said
oil and/or money payment as the conditions hereinbefore set forth
may justify and which may be equitable to the State and to said
contractors or their assigns, but in no event shall the State's
portion be less than one-fourth nor more than now provided in said
contracts, and in no event shall the Board of Mineral Development
have any authority to modify or change said original leases as to
gas. Provided, further that no revision made under this Act shall
release the lessees or their assigns from the payment to the State
for any oil and/or gas produced or the delivery to the State of any
oil produced and due the State under the original contracts and
produced prior to the effective execution of any revision
hereunder.
Provided further, that nothing in such revision shall in anywise
relieve any lessee and/or contracting party from any obligation now
existing to drill any well either as an offset or otherwise.
"And/or" as used in this Act shall mean and include both and either
of the words "and" and "or."
Subsection 6c. No change shall be made by the Board of Mineral
Development that will relieve, release and/or suspend the lessees
from the payment of any money and/or royalty now due and payable to
the State for oil and/or gas produced to the date that the Board
makes any change in the present existing lease contracts.
Subsections 7 to 14. Repealed by Acts 1977, 65th Leg., p. 2689, ch.
871, art. I, Sec. 2(a)(1), eff. Sept. 1, 1977.
Secs. 9 to 12. Repealed by Acts 1977, 65th Leg., p. 2689, ch. 871,
art. I, Sec. 2(a)(1), eff. Sept. 1, 1977.
Acts 1931, 42nd Leg., p. 452, ch. 271; Acts 1931, 42nd Leg., 2nd
C.S., p. 64, ch. 40; Acts 1933, 43rd Leg., p. 192, ch. 88; Acts
1933, 43rd Leg., p. 309, ch. 120, Sec. 1, 1a; Acts 1939, 46th Leg.,
p. 465, Sec. 1; Acts 1941, 47th Leg., p. 596, ch. 365, Sec. 1; Acts
1943, 48th Leg., p. 453, ch. 301, Sec. 1; Acts 1953, 53rd Leg., p.
77, ch. 57, Sec. 1; Acts 1957, 55th Leg., p. 434, ch. 209, Sec. 1.
Art. 5421c-4. Easements or surface leases of Gulf lands to United
States for national defense; authority of School Land Board
Sec. 1. The School Land Board, created by House Bill No. 9 of the
Forty-sixth Legislature (being Title: Public Lands, Chapter 3, of
the General Laws of the Forty-sixth Legislature, 1939,) is hereby
authorized to grant and issue easements or surface leases to the
United States of America in accordance with the conditions
hereinafter set out, on any island, salt water lake, bay, inlet, or
marsh within tidewater limits, and that portion of the Gulf of
Mexico within the jurisdiction of the State of Texas, to be used
exclusively for any purpose essential to the National Defense.
Sec. 2. When the proper authority or agency of the United States of
America shall make application to the School Land Board describing
the area which is deemed necessary for use in the National Defense
said Board shall issue an easement or surface lease to the United
States of America granting and conveying to it the free and
uninterrupted use of the area described. Provided that before such
lease or leases be granted in any county that the Board shall notify
the County Judge of said county and shall fix a date for hearing at
which time all interested persons may be heard in protest or
otherwise. Such easement or surface lease shall be effective only
so long as the area is used for the purpose of National Defense, and
it shall cease and terminate and the State of Texas shall be
revested with full title and possession of the area when same is no
longer used for such purpose.
Sec. 3. The easements or surface leases granted hereunder shall be
upon the express condition that the State of Texas shall retain all
of the oil, gas, and other mineral rights in and under the area
affected. The consideration to be paid for the use of said areas
shall be agreed upon by the School Land Board and the United States
of America and it shall be payable to the State of Texas on an annual
basis.
Sec. 4. All leases for grazing purposes heretofore issued by the
Commissioner of the General Land Office which are covered or
partially covered by any easement or surface lease granted
hereunder are hereby made subordinate to such easement or surface
lease. If the lessee under any existing oil and gas lease
heretofore granted by the State on any area affected by an easement
or surface lease granted hereunder, shall file or cause to be filed
in the General Land Office an agreement, subordinating to the
easement or surface lease granted hereunder all rights held by such
lessee under such oil and gas lease, then and in that event the
running of both the primary and principal terms of such lease shall
be suspended during the existence of such easement or lease;
provided, however, that lessee continues the annual rental payment
stipulated in the lease during such suspended period. Such oil and
gas lease shall remain in status quo, and all obligations, duties,
rights and privileges existing under such lease shall be
inoperative and of no force and effect until the expiration of said
easement or surface lease, at which time said oil and gas lease
shall again become operative and all of the obligations, duties,
rights and privileges, including the payment of rentals under same,
shall again attach and be in force as they were on the date of the
suspension and continue for the unexpired term of such lease. The
School Land Board shall give notice immediately to such lessees
that their leases are again in force when said easement or surface
lease has terminated; provided, however, that the annual rental
payments have been met.
Sec. 5. All areas on which there now exists oil, gas, or other
mineral production are specifically excluded from the terms of this
Act.
Acts 1941, 47th Leg., p. 20, ch. 10.
Art. 5421c-6. Patents validated
All patents issued prior to the effective date of Article 5421-c as
amended by House Bill No. 9 of the Forty-sixth Legislature, such
effective date being September 21, 1939, by the authority of the
State, under the seal of the State and of the Land Office, signed by
the Governor and countersigned by the Commissioner of the General
Land Office to parties who for a period of ten (10) years prior to
the date of application for the patent had held and claimed the same
in good faith, under the provisions of Section 5 of Chapter 271,
Acts of the Forty-second Legislature, Regular Session, are hereby
ratified and title validated and confirmed in such patentees, their
heirs or assigns, subject only to the mineral reservation as
contained in Section 4, Chapter 271, Acts of the Forty-second
Legislature, Regular Session, and without regard to whether or not
such land was located within five (5) miles of a well producing oil
or gas in commercial quantities at the time of such patent.
Acts 1943, 48th Leg., p. 368, ch. 247, Sec. 1.
Art. 5421c-9. Sale of school land; extension of time for payment of
notes or obligations
The time for the payment of all notes or obligations executed by
purchasers of school land for the unpaid balance of principal due
the state thereon which are due or will become due prior to November
1, 1966, is hereby extended to November 1, 1971, subject to all the
pains and penalties provided in the Acts under which the purchases
were made; provided that the extension of time herein granted shall
apply only to installments of principal, and shall not apply to any
installments of interest; and provided further, that the unpaid
balances of principal upon which an extension of time for payment is
hereby granted shall bear interest during said period of extension
at the rate of one percent (1%) per annum higher than originally
provided for, and past due installments of interest shall bear
interest at the rate provided for in Section 7, Chapter 271, General
Laws, Regular Session, 42nd Legislature. In cases wherein fifty
percent (50%) or more of the balance of principal remaining unpaid
has been paid by November 1, 1971, then a further extension until
November 1, 1981, shall be granted for the payment of the remainder,
subject to the conditions herein made to the extension to November
1, 1971.
Acts 1961, 57th Leg., p. 901, ch. 399, Sec. 1.
Art. 5421d. Patents to lands formerly claimed as in New Mexico
Sec. 1. That the Commissioner of the General Land Office is
authorized and requested to prepare and issue, and the Governor is
authorized to execute and deliver, patents for the lands and
accretions thereto, heretofore claimed by New Mexico to be in that
state, but determined by the Supreme Court of the United States by
Decree entered April 9, 1928 (New Mexico against Texas, 276 U.S.
556) to be in Texas, to the persons who, on April 9, 1928, were in
actual bona fide possession of said lands and claiming title to such
lands under patent from the United States.
Sec. 2. In order to receive a patent under this Act, the person
desiring such patent shall first make written application to the
Commissioner of the General Land Office, describing the land for
which a patent is sought and shall show in such application the
facts necessary under this Act to entitle applicant to a patent
hereunder, and the applicant shall verify the allegations in the
application by any accompanying Affidavit, stating that such
allegations are true to the best of the knowledge and belief of the
applicant, and it shall be necessary that any such application be
filed in the office of the Commissioner of the General Land Office
within five (5) years from the date upon which this Act goes into
effect, and the applicant shall, upon filing said application,
deposit with the Commissioner of the General Land Office One Dollar
($1.00) for each acre or fractional part of an acre in the land
covered by the application, which shall constitute the purchase
price for said land, and upon the delivery of any patent to any
person under this Act, the purchase price shall be applied to the
Public School Fund of the State of Texas.
Sec. 3. It is further provided that any land acquired by the patent
issued under this Act shall be subject to the same liens other than
liens for taxes and water and like quasi public charges that would
have been against such land had it been in New Mexico.
Sec. 4. It is provided that patents issued under this Act shall be
merely quitclaims, and the title conveyed by such patents shall be
subject to any prior conveyances by this State, and the patents
shall so read.
Sec. 5. As used in this Act, the term "person" applies to and
includes an individual, corporation, partnership, or association.
Acts 1933, 43rd Leg., p. 634, ch. 212.
Art. 5421f. Extension of payment of unpaid balances of principal on
purchases of school lands
The time for the payment of all notes or obligations executed prior
to November 1, 1901, by purchasers of school land for the unpaid
balances of principal due the State thereon is hereby extended for a
period of ten (10) years from and after the passage of this Act,
subject to all the pains and penalties provided in the Acts under
which the purchases were made, provided that the extension of time
herein granted shall apply only to installments of principal, and
shall not apply to any installment of interest; and provided
further that the unpaid balances of principal upon which an
extension of time for payment is hereby granted shall bear interest
during said period of extension at the rate provided for in the
contract of purchase hereby extended, and past due installments of
interest shall bear interest at the rate provided for in Section 7,
Chapter 271, General Laws, Regular Session, Forty-second
Legislature.
Acts 1934, 43rd Leg., 3rd C.S., p. 76, ch. 37, Sec. 1.
Art. 5421f-1. Extension of time for payment of installments of
principal of school land purchase contracts
The time for the payment of all notes or obligations executed by
purchasers of school land for the unpaid balance of principal due
the State thereon which are due or will become due prior to November
1, 1951, is hereby extended to November 1, 1951, subject to all the
pains and penalties provided in the Acts under which the purchases
were made, provided that the extension of time herein granted shall
apply only to installments of principal, and shall not apply to any
installment of interest; and provided further that the unpaid
balances of principal upon which an extension of time for payment is
hereby granted shall bear interest during said period of extension
at the rate provided for in the contract of purchase hereby
extended, and past due installments of interest shall bear interest
at the rate provided for in Section 7, Chapter 271, General Laws,
Regular Session, Forty-second Legislature.
Acts 1941, 47th Leg., p. 351, ch. 191, Sec. 1.
Art. 5421f-2. Reinstatement of claims to lands forfeited under
article 5326
The purchasers or their vendees, heirs or legal representatives who
have used, occupied, and made improvements on lands prior to the
date of forfeiture, and which lands have been forfeited under the
provisions of Article 5326, Revised Civil Statutes of Texas as
amended by said House Bill No. 56; and who shall have, within six
months after the expiration of the five year limitation period
provided for reinstatement in Section 3 of said House Bill No. 56,
and prior to January 1, 1947, paid or tendered payment to the
Commissioner of the General Land Office of all delinquent interest,
accompanied by written requests for reinstatement, may have their
claims reinstated by renewing such requests and paying all
delinquent interest up to the date of reinstatement.
Acts 1941, 47th Leg., p. 351, ch. 191, Sec. 3-A, added Acts 1947,
50th Leg., p. 275, ch. 169, Sec. 1.
Art. 5421j. Grant of filled in land to city of Corpus Christi
Sec. 1. All right, title and interest of the State of Texas in and to
all land within the area hereinafter mentioned, hitherto lying and
situated under the waters of Corpus Christi Bay for and in
consideration of the sum of Ten Thousand Dollars ($10,000) cash, is
hereby relinquished, confirmed and granted unto the said City of
Corpus Christi, its successors and assigns, for public purposes,
to-wit:
Being all of that filled-in land lying and being situated in Nueces
County, Texas, landward behind the seawall and easterly of the
shoreline of Corpus Christi Bay as shown in Survey No. 803 and in
the patent from the State of Texas to the City of Corpus Christi,
Texas, said patent being dated January 4, 1924, and being Patent No.
86, Volume 21-A.
Sec. 2. All exchanges, sales and conveyances hitherto made by the
City of Corpus Christi of property within the area described in
Section 1 are hereby ratified; and such property is confirmed,
relinquished and granted unto the respective assignees of the City
of Corpus Christi, and to their heirs, successors, and assigns,
without limitation as to the use thereof to be made by them.
Sec. 3. All exchanges of property, sales of property and
conveyances thereof that may be made in the future by the City of
Corpus Christi of property, within the area described in Section 1,
that has been laid out and platted into lots, blocks or tracts for
uses of private ownership as shown on a plat of the Bay Front Plan of
said City of Corpus Christi, on file in the General Land Office of
Texas and that may be necessary to adjust the titles and boundaries
between the City and other owners are hereby authorized and said
City of Corpus Christi is hereby empowered to make such exchanges,
sales and conveyances; and all such property as may be so
exchanged, sold and conveyed, is hereby confirmed, relinquished and
granted unto the respective assigns of the City of Corpus Christi,
and to their heirs, successors and assigns forever, without
limitation as to use thereof to be made by them.
Sec. 4. The consideration for this land shall be paid to the
Commissioner of the General Land Office of the State of Texas for
the benefit of the Permanent Public Free School Fund; and a patent
to said lands shall be issued to the City of Corpus Christi by the
Governor and the Commissioner of the General Land Office of the
State of Texas. Upon the payment of the said consideration and the
issuance of said patent, the title of the City of Corpus Christi to
the said lands shall become absolute, subject to the reservations
herein made.
Sec. 5. All mines and minerals, and the mineral rights including oil
and gas are hereby specially reserved to the State under that part
of said area described in Section 1, which has been filled, laid out
and constructed for use by the City of Corpus Christi as streets,
public drives, parks, boulevards, and seawall, and all minerals and
mineral rights under the remainder of said land are hereby
relinquished and released unto the City of Corpus Christi and its
assigns.
Sec. 6. This Act shall be and is cumulative of all former grants and
authorities from the State of Texas to the City of Corpus Christi.
Acts 1945, 49th Leg., p. 391, ch. 253.
Art. 5421j-1. Lease of filled in land by city of Corpus Christi
Sec. 1. All property transferred by the State of Texas to the City
of Corpus Christi by the provisions of Chapter 253, Acts of the 49th
Legislature, Regular Session, 1945, and Chapter 68, General Laws,
Acts of the 36th Legislature, Regular Session, 1919, may be leased
by the governing body of the City of Corpus Christi for such time
and under such terms and conditions and for such purposes as
determined by the governing body of the City of Corpus Christi to be
to the best interest of the city, including the public purposes
provided by Section 52-a, Article Iii, Texas Constitution, and
Section 380.001(a), Local Government Code. The governing body of
the City of Corpus Christi shall lease such property in accordance
with the procedure prescribed by the charter of the City of Corpus
Christi for leasing lands owned by the city.
Acts 1957, 55th Leg., p. 488, ch. 235.
Amended by Acts 2003, 78th Leg., ch. 988, Sec. 1, eff. June 20,
2003.
Art. 5421j-2. Lease by city of Corpus Christi of submerged lands
previously relinquished to city by state
Sec. 1. The City of Corpus Christi is hereby authorized and given
the power and authority to lease those certain submerged lands
described in Section 4 herein and heretofore relinquished by the
State of Texas to the City of Corpus Christi, to any person, firm or
corporation, owning lands, land fill or shore area adjacent to the
described submerged lands, without restriction as to public or
private use thereof, upon whatever terms and conditions the
governing body of the City of Corpus Christi deems proper, for any
period or term not to exceed fifty (50) years.
Sec. 2. The rights and appurtenances vesting in a Lessee of the City
of Corpus Christi in and to those submerged lands shall be limited
only by such limitations as might be imposed in the lease which the
City of Corpus Christi deemed proper and in the best interest of the
City of Corpus Christi; provided that any lease shall contain a
provision prohibiting the Lessee, or assigns thereof, from erecting
or maintaining thereon any structure or structures, such as
buildings, with the exceptions of yacht basins, boat slips, piers,
dry-docks, breakwaters, jetties or the like; and provided further
that the right to use the waters embraced by the lease shall be
reserved to the public, though the boat slips, piers, dry-docks,
and the like may be limited to the private use of the Lessee.
Sec. 3. The power and authority granted hereunder to the City of
Corpus Christi with respect to the submerged lands described in
Section 4 may be exercised only after local referendum election at
which a majority of those qualified and voting favor approving the
passage of the ordinance authorizing such lease.
Sec. 4. This Act pertains to a strip of submerged land having
dimensions of 500 feet by approximately 2050 feet, having as its
West line the East line of the C.G. Glasscock 22.39 acre tract (as
such tract is reflected on the map or plat prepared by J.M. Goldston
under his certificate of September 8, 1954, and being a survey of
the C.G. Glasscock property attached as Exhibit "A" to exchange
deed between the City of Corpus Christi, Texas, and the said C.G.
Glasscock dated February 2, 1955, recorded in Volume 674, Page 193
of the Deed Records of Nueces County, Texas); having as its East
line a line run parallel to and 500 feet East of (measured at right
angles) the East line of the C.G. Glasscock 22.39 acre tract above
referred to; having as its South line an Easterly projection of the
South line of the C.G. Glasscock 22.39 acre tract above referred to
from the Southeast corner of said tract (identified by new 2" I.P.)
to the point of intersection with the East line above referred to;
and having as its North line an Easterly projection of the center
line of Buford Street commencing with a new 2" I.P. located at the
intersection of the extension of the center line of Buford Street
with the East line of the C.G. Glasscock 22.39 acre tract and
continuing along a projection of said center line to the point of
intersection with the East line of this tract as above defined.
Sec. 5. This Act shall not be construed to grant or convey to the
City of Corpus Christi the title to any oil, gas or other mineral
which was not already owned by the City of Corpus Christi at the
enactment hereof.
Sec. 6. If any laws or parts of laws are in conflict with the
provisions of this Act, then the provisions of this Act shall
control.
Acts 1961, 57th Leg., p. 1184, ch. 536.
Art. 5421k. Submerged lands across Nueces Bay and Pass conveyed to
State Highway Commission
Sec. 1. In order that the Texas Transportation Commission may have
title to and control of the more or less submerged right of way
necessary for the construction and maintenance of a proposed
Causeway and its Approaches, across Nueces Bay and the Pass
connecting Nueces Bay and Corpus Christi Bay in San Patricio and
Nueces Counties, as described in Section 2 of this Act, and as shown
on the right of way map on file in the Texas Department of
Transportation at Austin, Texas, and entitled, Control 101-5 & 6 in
San Patricio and Nueces Counties, Causeway across Nueces Bay and
the Pass connecting Nueces Bay with Corpus Christi Bay on Highway U.
S. 181 from Beach Drive in Portland, San Patricio County, and North
Beach in Corpus Christi, Nueces County, the State hereby conveys
title to and control of the submerged right of ways described in
Section 2 of this Act, and as shown on the right of way map above
stated, but no part of this Act is to be construed so as to interfere
nor conflict with the rights and authority of the Parks and Wildlife
Commission, except that the Texas Transportation Commission shall
have the full right and authority to take and use, at any time and in
any quantity desired, any and all materials within the limits of
these tracts, and is exempted from the payment of any and all
compensation for any and all materials taken therefrom.
Sec. 1 amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(16), eff.
Sept. 1, 1995.
Sec. 2. Field Notes of a survey of 385.638 acres, more or less, of
submerged lands and tidewater flats, and situated under the waters
of Nueces Bay between Engrs. centerline Sta. 774/50 and Sta.
991/20, about Latitude 27° 51' North and Longitude 97° 22' West,
taken from U.S.C. & G.S. Chart No. 1117, and being more particularly
described as follows:
[Detailed description omitted.]
Acts 1947, 50th Leg., p. 162, ch. 101.
Art. 5421k-1. Conveyance of lands to widen State Highway No. 24 in
Denton County
Sec. 1. In order that the expansion and improvement program of the
State Highway Commission may be carried forward in an orderly and
expeditious manner the title to and control of that certain narrow
strip of land consisting of six (6) separate tracts or parcels and
being 4.89 acres, more or less, owned by the State of Texas and the
Texas State College for Women, are hereby transferred and conveyed
to the Texas Highway Commission for the widening and material
improvement of State Highway No. 24 in Denton County, Texas, from
North Locust Street in the City of Denton easterly to the
Denton-Collin County Line, as shown on the right-of-way map on file
in the State Highway Department at Austin, Texas, and more
particularly described as follows, to wit:
[Detailed description omitted.]
Sec. 2. The fact that the improvement and widening of State Highway
No. 24 from a point on North Locust Street in the City of Denton
easterly to the Denton-Collin County Line has been long delayed
because of the inability of the State Highway Commission to obtain
the right of way necessary for the widening and improvement of such
Highway, creates an emergency and imperative public necessity that
the Constitutional Rule requiring bills to be read on three
separate days in each House be suspended, and said Rule is hereby
suspended, and this Act shall take effect and be in force from and
after its passage, and it is so enacted.
Acts 1947, 50th Leg., p. 268, ch. 164.
Art. 5421k-2. Submerged right-of-way across Cayo del Oso in Nueces
county, conveyance to State Highway Commission
Sec. 1. In order that the Texas Transportation Commission may have
title to and control of the more or less submerged right of way
necessary for the construction, reconstruction and maintenance of
the Causeway and its Approaches across Cayo del Oso in Nueces
County, as described in Section 2 of this Act, and as shown on the
right-of-way map on file in the Texas Department of Transportation
at Austin, Texas, and entitled Project ARMR 5A(1) Control 617-1-1,
State Highway No. 358, Nueces County, from U. S. Naval Air Base on
Encinal Peninsula to Junction with State Highway No. 286, the State
hereby conveys to the Texas Transportation Commission title to and
control of the submerged right of way described in Section 2 of this
Act, and as shown on the right-of-way map above stated, but no part
of this Act is to be construed so as to interfere nor conflict with
the rights and authority of the Parks and Wildlife Commission,
except that the Texas Transportation Commission shall have the full
right and authority to take and use, at any time and in any quantity
desired, any and all materials within the limits of this tract, and
is exempted from the payment of any and all materials taken
therefrom; provided, however, that all mineral rights, together
with the right to explore for and develop same by directional
drilling are reserved to the State of Texas.
Sec. 1 amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(17), eff.
Sept. 1, 1995.
Sec. 2. The conveyance hereby made shall consist of a tract of more
or less submerged land and tidewater flats, situated under the
waters of Cayo del Oso between Engineers centerline Station 130 +
32.8 and Station 169 + 54.0 of State Highway No. 358, said tract
being a strip of land 1000 feet wide, 500 feet on each side of the
centerline of this right-of-way survey which extends from the Flour
Bluff Naval Station to Junction with State Highway No. 286, 3.65
miles south of Corpus Christi, said tract extending for a distance
of 3921.2 feet, the centerline being more particularly described as
follows:
[Detailed description omitted.]
Acts 1957, 55th Leg., p. 16, ch. 12.
Art. 5421k-3. Sale of land in Cayo Del Oso to city of Corpus
Christi; validation
Confirmation and Validation of Sale
Sec. 1. The sale by the State of Texas to the City of Corpus Christi
of 986.97 acres of land in Nueces County, known as Tract C, as shown
on a map entitled Sheet No. 1, Laguna Madre, Subdivision for Mineral
Development, dated November 1, 1948, and revised September 12,
1951, by addition of Cayo Del Oso Subdivision, which land is
described by metes and bounds in that certain patent heretofore
issued to said City, being Patent No. 158, Volume 29-B, dated June
11, 1959, is hereby in all things confirmed and validated so that
all right, title and interest of the State of Texas in and to all of
the land described in said patent, submerged and unsubmerged, shall
be and is hereby relinquished, confirmed and granted unto the City
of Corpus Christi, its successors and assigns, and such land shall
be vested in the City of Corpus Christi subject only to the
conditions, limitations and restrictions contained and imposed by
the provisions of this Act, which shall entirely supersede the
conditions and restrictions referred to in said patent.
Reservation of Minerals and Mineral Rights to State for Permanent
School Fund
Sec. 2. All minerals and mineral rights in, on and under said land
are hereby reserved unto the State of Texas for the use and benefit
of the Permanent School Fund, provided, however, that in the event
of discovery of oil or gas in said land, drilling operations thereon
shall be restricted so that not more than one well productive of oil
or gas shall be drilled for each one hundred sixty (160) productive
acres, and all operations at each such well shall be confined to an
area or areas of four (4) acres at and including the well site.
Conflict of Claims or Boundaries
Sec. 3. In the event of any conflict or claim of conflict between
the boundaries of the tract of land described in such patent and the
boundaries or claimed boundaries of previously validly titled land
owned or claimed by private persons, the City of Corpus Christi is
hereby authorized in its own behalf and as agent for the State of
Texas to take proper action to resolve such conflict or claim of
conflict, without cost or expense, however, to the State of Texas.
Without limiting the authority of said City otherwise herein
granted or which it has by reason of its ownership, said City is
hereby authorized to file suit in the name of the State of Texas to
secure a judicial determination of said boundaries; and said City
is further authorized to establish the boundaries between the tract
covered by said patent and any adjoining private owner or claimant
by agreement, which boundary agreement or agreements shall be set
forth in writing and shall be effective when approved by ordinance
of said City adopted for such purpose. In the event of any change in
the boundaries of said tract as a result of judicial decree or by
agreement in accordance herewith, corrected field notes of said
tract shall be filed in the General Land Office and a corrected
patent shall be issued to the City of Corpus Christi, its successors
and assigns, subject to the provisions of this Act.
Improvement of Land; Title to Land
Sec. 4. The City of Corpus Christi, its agents or assigns shall
improve such portions of the land covered by said patent or any
corrected patent as such city, its agents or assigns, deems
suitable and proper therefor. Such improvement shall consist of
the raising or filling to a height of at least three (3) feet above
the level of mean high tide, except for such part as may be devoted
to channels, canals, or waterways. Title to any portion of such
land (except that devoted to channels, canals, or waterways) that
has not been so improved by filling to such height before July 1,
1977, shall revert to the State of Texas, and from and after that
date neither said city nor its assigns shall have any right, title,
claim, or interest to such portion which has not been so improved.
No title shall revert, however, to the State of Texas as to any
portion or portions which are filled to such height before July 1,
1977, including portions which are devoted to channels, canals, or
waterways appurtenant to or used in connection with any portion so
improved.
Sec. 4 amended by Acts 1965, 59th Leg., p. 91, ch. 34, Sec. 1, eff.
Aug. 30, 1965; Acts 1971, 62nd Leg., p. 1414, ch. 392, Sec. 1, eff.
May 26, 1971.
Powers of City to Convey or Retain Land; Other Powers
Sec. 5. Said city may retain all or any part of the land subject to
this Act, and it may convey all or any part or parts of such land to
others. As to each tract or parcel of land which the city conveys to
another or others, each such conveyance or conveyances shall:
(A) Contain a condition subsequent, which shall provide that such
grantee or grantees shall by the date specified in the conveyance,
which date shall in no event be later than July 1, 1977, improve the
particular tract or parcel of land included in such conveyance to
the extent that it will be filled to a height of at least three (3)
feet above mean high tide, except for such portions thereof as may
be devoted to channels, canals, or waterways. If the date specified
in the conveyance is a date prior to July 1, 1977, such condition
subsequent shall provide that if said condition is breached, title
to the tract or parcel of land covered by said conveyance that is
not so improved (except for such portions as may be devoted to
channels, canals, or waterways) shall revert to the City of Corpus
Christi, and the right of reentry retained by said city in the
conveyance shall be immediately exercised; and said city may
thereafter retain such portion or portions of such tract or parcel,
or may convey such portion or portions in the same manner as
provided above. If the date specified in the conveyance is July 1,
1977, such condition subsequent shall provide if said condition is
breached, title to such portion or portions of the tract or parcel
of land covered by said conveyance that are not so improved (except
for such portions as may be devoted to channels, canals, or
waterways) shall revert to the State of Texas;
(B) Provide that such portion or portions of the tract or parcel of
land covered by the conveyance which have been so improved,
including such portions thereof as may be devoted to channels,
canals, or waterways appurtenant to or used in connection with any
portion so improved, shall, upon the written application to the
City of Corpus Christi describing the improved area and the area
devoted to channels, canals, or waterways appurtenant or used in
connection therewith, be by the city by ordinance or resolution
released of the condition subsequent and a proper recordable
release shall be executed and delivered. Any such ordinance or
resolution of said city shall be binding upon all parties
concerned, including the State of Texas, as to the making of the
improvements in accordance herewith; provided, however, that in
the event the City of Corpus Christi conveys or leases all or any
part of said land to any other person, persons, firms, corporation
or entity of any nature, said city shall pay to the Texas Permanent
Free School Fund a sum equal to one-half (1/2) of the reasonable
market value thereof.
Sec. 5 amended by Acts 1965, 59th Leg., p. 91, ch. 34, Sec. 2, eff.
Aug. 30, 1965; Acts 1971, 62nd Leg., p. 1414, ch. 392, Sec. 2, eff.
May 26, 1971.
Plans and Contracts for Improvements; Powers of City
Sec. 6. The City of Corpus Christi is hereby authorized to prepare
or approve plans for the improvements covered by this Act, and to
make and enter into such agreements or contracts relating to such
improvements as in the judgment of the governing body thereof may be
necessary or desirable, and such agreements or contracts may be
with grantees or prospective grantees of all or any portion of the
land subject to this Act, or other parties.
Repealer
Sec. 7. The land subject to this Act, as identified in Section 1
hereof, shall henceforth be held subject to the provisions of this
Act and all laws or parts of laws in conflict herewith are hereby
repealed or modified to the extent of such conflict.
Law Cumulative
Sec. 8. This Act shall be and is cumulative of all former grants and
authorities from the State of Texas to the City of Corpus Christi.
Acts 1961, 57th Leg., p. 1089, ch. 489.
Art. 5421l. Control of certain property in Austin transferred to
University Regents
From and after the effective date of this Act the control and
management of, and all rights, privileges, powers and duties in
connection with the property owned by the State of Texas and located
on the west side of Red River Street between East Nineteenth and
Eighteenth Streets, being the East One-half (1/2) of Outlot No.
Sixty-three (63), consisting of Lots Eight (8), Nine (9), Ten (10),
Eleven (11), Twelve (12), Thirteen (13) and Fourteen (14) of
Division "E" of the City of Austin, Travis County, Texas, which were
formerly vested in and exercised by the State Board of Control,
shall be transferred to, vested in, and exercised by the Board of
Regents of The University of Texas, and hereafter, the aforesaid
property shall be used for the purposes and activities of The
University of Texas.
Acts 1947, 50th Leg., p. 472, ch. 272, Sec. 1.
Art. 5421o. Oil, gas and mineral leases by cities, towns and
political subdivisions; failure to publish notice of intent;
effect
Any oil, gas and mineral lease, or oil and gas lease, heretofore
granted for a valid consideration by any city, including home rule
cities, town, village, county or any of the following political
subdivisions of this state: water control and improvement
districts, water control and preservation districts, water control
districts, water improvement districts, water power control
districts, water supply district, or irrigation districts, shall
not be cancelled or held void or voidable because the lessor in any
such lease or leases has failed to give notice by newspaper
published in the county in which the leased lands are located of the
intention to grant any such oil, gas and mineral lease, or oil and
gas lease, on lands belonging to such lessor, stating the time and
place where bids for such leases were to have been received;
provided, however, that such lease or leases may be declared void or
voidable for any other cause; and provided further, that nothing
herein contained shall be construed as affecting pending litigation
in which the validity of any such lease or leases is being
questioned for any reason, including the failure to give such
newspaper notice.
Acts 1955, 54th Leg., p. 773, ch. 280, Sec. 1.
