NATURAL RESOURCES CODE
SUBTITLE D. DISPOSITION OF THE PUBLIC DOMAIN
CHAPTER 51. LAND, TIMBER, AND SURFACE RESOURCES
SUBCHAPTER A. GENERAL PROVISIONS
§ 51.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the Commissioner of the
General Land Office.
(2) "Land office" means the General Land Office.
(3) "Board" means the School Land Board.
(4) "Comptroller" means the Comptroller of Public
Accounts of the State of Texas.
(5) "Board of regents" means the board of regents of
The University of Texas System.
(6) "Public school land" means all land of the state
that is dedicated to the permanent school fund.
(7) "Appraiser" means a state certified or state
licensed real estate appraiser who is employed by or contracts with
the land office and who performs professional valuation services
competently and in a manner that is independent, impartial, and
objective.
(8) "Surveyed land" means all or part of any tract of
land surveyed either on the ground or by protraction and dedicated
to the public school fund which is unsold and for which field notes
are on file in the land office or that may be delineated on the maps
of that office as such.
(9) "Unsurveyed land" means any land that is not
included in surveys on file in the land office or surveys delineated
on maps of that office.
(10) "Land" or "real property" means any interest in
the physical land and appurtenances attached to the land, including
improvements.
(11) "Market value" means the value of real property
determined by an appraisal performed by an appraiser.
Acts 1977, 65th Leg., p. 2417, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1997, 75th Leg., ch. 1423, § 14.02, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 280, § 1, eff. June 18,
2003.
SUBCHAPTER B. PROVISIONS GENERALLY APPLICABLE TO THE SALE AND LEASE
OF PUBLIC SCHOOL AND ASYLUM LAND
§ 51.011. SALE AND LEASE OF PUBLIC SCHOOL
LAND. (a) Any land that is set apart to the permanent school fund
under the constitution and laws of this state together with the
mineral estate in riverbeds, channels, and the tidelands, including
islands, shall be controlled, sold, and leased by the school land
board and the commissioner under the provisions of this chapter.
(b) Notwithstanding any other provision of this chapter,
land within 2,500 feet of a military base may not be sold or leased
and an easement over the land may not be granted unless the
commissioner or the commissioner's designee, after consultation
with appropriate military authorities, determines that the grant
will not adversely affect the mission of the military base.
(c) Any public land may be sold or leased, or an easement
over the property may be granted, to the United States for the use
and benefit of the United States armed forces if the commissioner or
the commissioner's designee, after consultation with appropriate
military authorities, determines that the sale, lease, or easement
would materially assist the military in accomplishing its mission.
A sale, lease, or easement under this subsection must be at market
value. The state shall retain all minerals it owns with respect to
the land, but it may relinquish the right to use the surface to
extract them.
(d) The commissioner shall determine whether a conveyance
under this section takes priority over any preference otherwise
granted by law, including the preferential right of a surrounding
landowner. In making the determination, the commissioner must only
consider the interests of preference holders who assert their
preferences in writing after notice of the proposed conveyance is
published in a newspaper of general circulation in the area. The
commissioner shall, in the commissioner's discretion, balance the
competing interests of the preference holders and the military.
The commissioner's determination is final. After land is conveyed
to the military, all competing preferences terminate.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 149, § 13, eff. May
27, 2003; Acts 2003, 78th Leg., ch. 280, § 2, eff. June 18, 2003.
§ 51.012. COMMISSIONER'S AUTHORITY. Subject to the
authority of the board and to exceptions and restrictions that may
be imposed by the constitution and laws of this state, the
commissioner is vested with the authority necessary to carry out
the provisions of this chapter relating to the sale and lease of
public school land and to the protection of this land from free use
and occupancy and from unlawful enclosure.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 280, § 3, eff. June
18, 2003.
§ 51.0125. LAND USED BY STATE AGENCY. Land that belongs
to the permanent school fund as a result of having been deeded or
given to the state and that has been used in the past by a state
agency shall be first offered for sale or lease to state agencies
before it can be sold or leased to any other party. No permanent
school fund land may be used by a state agency without market value
compensation to the permanent school fund.
Added by Acts 1993, 73rd Leg., ch. 991, § 12, eff. Sept. 1, 1993.
Amended by Acts 2003, 78th Leg., ch. 280, § 4, eff. June 18,
2003.
§ 51.013. CLASSIFICATION AND VALUATION OF
LAND. (a) As the public interest may require, the commissioner
shall classify or reclassify all public school land and shall
include a designation of the land, including a classification as
agricultural, grazing, timber, or a combination of these
classifications based on the facts in the particular case.
(b) After the classification and determination of market
value is entered on the records of the land office, no further
action needs to be taken by the commissioner and no notice is
required to be given to the county clerk for the classification and
determination of market value to be effective.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 280, § 5, eff. June
18, 2003.
§ 51.014. RULES. (a) The commissioner may adopt rules
necessary to carry out the provisions of this chapter and may alter
or amend the rules to protect the public interest.
(b) Before rules are adopted under Subsection (a) of this
section, the commissioner shall submit the rules to the governor
for his approval.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.015. FORMS. The commissioner shall adopt forms
that are necessary or proper to transact business that he is
required to transact and may request that the attorney general
prepare the forms.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.016. DUTIES OF THE ATTORNEY GENERAL. The attorney
general shall furnish the commissioner with advice and legal
assistance that may be required to execute the provisions of this
chapter.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.017. FURNISHING DATA TO BOARD OF EDUCATION. On
request, the commissioner shall furnish to the State Board of
Education all available data.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.018. RECORDS AND ACCOUNTS. The commissioner shall
keep in his custody as records of his office each application,
affidavit, obligation, and paper relating to the sale and lease of
public school land and shall keep accurate accounts with each
purchaser or lessee.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 280, § 6, eff. June
18, 2003.
§ 51.019. SPECIAL FEE. Each bidder on a mineral lease
or land sale by the board shall remit by separate check a special
sale fee in the amount and in the manner provided in Section 32.110
of this code.
Acts 1977, 65th Leg., p. 2419, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 624, § 32, eff. Sept.
1, 1985.
§ 51.020. REFUNDS. (a) On presentation of proper
proof, money paid in good faith to a fund in the State Treasury for
public land or by a lessee of public land or minerals to which the
fund is not entitled may be offset or credited by the commissioner
against other sums owing or shall be refunded by the comptroller in
the following instances:
(1) if an error is made in good faith and the refund,
stating to whom payment is to be made, is supported by the official
signature of the commissioner or the attorney general;
(2) if the payment is made according to law but title
cannot issue or possession cannot pass because of a conflict in
boundaries, an erroneous sale, an erroneous lease, or other cause;
(3) if there is a sale of leased land;
(4) if lease money is paid on a previous forfeited sale
and the sale has been reinstated and the interest paid;
(5) if erroneous timber sales or leases have been
made;
(6) if overpayments have been made in final payments
to the comptroller because of decreased acreage or other cause;
(7) if reduction has been made in acreage of timber
sold or leased; or
(8) if payments are made in good faith by claimants of
land where the applicants have no right to purchase the land as
revealed by investigation of title.
(b) After specific appropriations are made according to
law, refunds shall be paid from the funds to which the payments have
been credited.
(c) Any claim for refund except a refund covered by
Subdivision (1) of Subsection (a) of this section shall be
certified by the commissioner, verified by the affidavit of the
claimant, and approved by the attorney general as to the
correctness and as to whom the refund is due.
(d) In the event of a failure of title or right of
possession, money paid by any purchaser or lessee who subsequently
sells the land or assigns the lease shall be refunded to the person
on whom the loss falls.
Acts 1977, 65th Leg., p. 2419, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 642, § 5, eff. Aug.
26, 1991; Acts 1997, 75th Leg., ch. 1423, § 14.03, eff. Sept. 1,
1997.
SUBCHAPTER C. SALE OF PUBLIC SCHOOL AND ASYLUM LAND
§ 51.051. SALE OF LAND. Subject to the provisions of
Section 32.109 of this code, all sales of land described in Section
51.011 of this code shall be made by or under the direction of the
school land board to the applicant who submits the highest bid for
the land at a price that is not less than the price set by the board
for purchase of the land.
Acts 1977, 65th Leg., p. 2419, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.052. CONDITIONS FOR SALE OF LAND. (a) Land sold
under the provisions of this subchapter shall be sold without
condition of settlement and residence.
(b) A purchaser of land under this subchapter may make a
down payment of an amount determined by the board and the board may
set the terms and conditions of the sale, including the interest
rate. On full payment and satisfaction of other conditions, the
purchaser is entitled to a patent for the land. This subsection
does not prevent the board from requiring a tract of land to be
purchased for cash.
(c) Repealed by Acts 1987, 70th Leg., ch. 208, § 14, eff.
Aug. 31, 1987.
(d) Before the land under this chapter is sold, the
appraiser must appraise the land at its market value and file a copy
of the appraisal with the commissioner. No land covered by this
chapter may be sold for less than the market value that appears in
the appraisal made under this subsection.
(e) The owner of land that surrounds land in a tract shall
have a preference right to purchase the tract before the land is
made available for sale to any other person, provided the person
having the preference right pays not less than the market value for
the land as determined by the board.
(f) If the surrounding land is owned by more than one
person, the owners of land with a common boundary with a tract of
1,200 acres or less that is for sale shall have a preference right
to purchase the tract before it is made available to any other
person, provided the person with the preference right pays not less
than the market value of the land as determined by the board and the
board finds use of the preference to be in the best interest of the
state. The board shall adopt rules to implement this preference
right.
(g) If land is located within the boundaries of or adjacent
to any state park, refuge, natural area, or historical site subject
to the management and control of the Parks and Wildlife Department,
the department has a preference right to purchase the land before it
is made available for sale to any other person. A sale to the
department under this section may not be for less than the market
value of the land, as determined by the board.
(h) The board may sell or exchange any interest in the
surface estate of public school land directly to any state agency,
board, commission, or political subdivision or other governmental
entity of this state without the necessity of a sealed bid sale.
All sales or exchanges made pursuant to this subsection shall be for
not less than market value as determined by the board and under such
other terms and conditions the board determines to be in the best
interest of the state.
(i) If no bid meeting minimum requirements is received for a
tract of land offered at a sealed bid sale under Subchapter D of
Chapter 32 of this code, the asset management division of the land
office may solicit proposals or negotiate a sale, exchange, or
lease of the land to any person. The asset management division may
also contract for the services of a real estate broker or of a
private brokerage or real estate firm to assist in the real estate
transaction. The sale price may not be less than the market value.
The board must approve any negotiated sale, exchange, or lease of
any land under this section.
(j) The board, in its sole discretion and in the best
interests of the permanent school fund as determined by the board
and without regard to requirements of local governments as to the
necessity of any such dedication, may dedicate permanent school
fund land to any governmental unit for the benefit and use of the
public in exchange for nonmonetary consideration with a value
reasonably equivalent to or greater than the market value of the
dedicated land, if the board determines that such an exchange would
benefit the permanent school fund. The asset management division
of the land office shall determine the value of the nonmonetary
consideration and shall file a copy of its determination with the
commissioner. Examples of public purposes for which permanent
school fund land may be dedicated under this subsection include but
are not limited to: (1) rights-of-way for public roads, utilities,
or other infrastructure; (2) public schools; (3) public parks;
(4) government offices or facilities; (5) public recreation
facilities; and (6) residential neighborhood public amenities.
(k) If an award of a bid under this section does not result
in a final transaction, the asset management division of the land
office may contract for the services of a real estate broker or of a
private brokerage or real estate firm to assist in the real estate
transaction.
Acts 1977, 65th Leg., p. 2419, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 5242, ch. 965, § 1,
eff. June 19, 1983; Acts 1987, 70th Leg., ch. 208, § 14, eff.
Aug. 31, 1987; Acts 1989, 71st Leg., ch. 383, § 4, eff. June 14,
1989; Acts 1991, 72nd Leg., ch. 633, § 5, eff. Aug. 26, 1991;
Acts 1993, 73rd Leg., ch. 991, § 13, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 293, § 1, eff. Aug. 28, 1995; Acts 2003,
78th Leg., ch. 280, § 7, eff. June 18, 2003.
§ 51.054. RESERVATION OF MINERALS. (a) Except as
otherwise provided in this section, land dedicated to the permanent
school fund shall be sold subject to a reservation set by the board
of not less than one-eighth of all sulphur and other mineral
substances from which sulphur may be derived or produced and not
less than one-sixteenth of all other minerals to the state;
provided, that if leasing rights are retained hereunder, the
reserved minerals shall be subject to lease as provided by
Subchapter B, Chapter 52, Natural Resources Code, and Subchapters B
and E, Chapter 53, Natural Resources Code. The mineral reservation
to the state shall be determined by the board before the land is
offered for sale. If the board determines that a mineral
reservation under this section would substantially reduce the value
of the surface of land by restricting its suitability for
agricultural, commercial, or residential use, the board may take
such action or waive such rights as are in the best interest of the
permanent school fund, including, without limitation, establishing
designated exploration or drilling sites, waiving surface or other
rights of access or development, or conveying the land with no
mineral reservation.
(b) Land that is set apart for the various asylum funds
shall be sold with the oil, gas, coal, and all other minerals
reserved to the fund to which the land belongs.
(c) The provisions of this section do not apply to oil and
gas sold from public school land covered by Subchapter F, Chapter
52, of this code.
(d) The provisions of this section do not apply to vacancies
covered by Section 51.201 of this code.
(e) An oil, gas, or other mineral lease on land in which the
state reserves a mineral or royalty interest is not effective until
a certified copy of the recorded lease is filed in the General Land
Office.
Acts 1977, 65th Leg., p. 2420, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 5243, ch. 965, § 2,
eff. June 19, 1983; Acts 1985, 69th Leg., ch. 923, § 3, eff. Aug.
26, 1985; Acts 1995, 74th Leg., ch. 354, § 3, eff. Aug. 28, 1995;
Acts 2003, 78th Leg., ch. 280, § 8, eff. June 18, 2003.
§ 51.0551. LISTS OF PUBLIC LAND OFFERED FOR SALE:
CRIMINAL PENALTIES. (a) A person, including a corporation or an
association, commits an offense if he reproduces, prints, or
prepares or sells or furnishes a printed, multigraphed, or
mimeographed list prepared by or under the direction of the
commissioner offering for sale or lease any state or public school
land.
(b) This section does not prohibit the commissioner or land
board from advertising in a newspaper or otherwise as is provided by
law nor a newspaper or periodical from publishing the list in a
regular issue as a news item.
(c) An offense under this section is a misdemeanor
punishable by a fine of not more than $1,000.
Added by Acts 1983, 68th Leg., p. 1021, ch. 235, art. 5, § 1(a),
eff. Sept. 1, 1983.
§ 51.056. APPLICATION TO PURCHASE LAND. (a) A person
who wants to purchase public school land shall submit to the
commissioner a separate written application for each tract.
(b) Each application shall:
(1) designate the land to be purchased;
(2) state the bid offered;
(3) include an affidavit disclosing the names of all
persons or entities either directly or indirectly interested in the
purchase of the land.
(c) The sale of the land is effective from the date of the
receipt and filing of the application, affidavit, obligation, and
the payment of the initial portion of the price offered.
(d) The application to purchase and the notice of award
shall state that the land is sold without condition of settlement
and with a reservation of minerals, as determined by the board.
Acts 1977, 65th Leg., p. 2420, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 5243, ch. 965, § 3,
eff. June 19, 1983; Acts 1987, 70th Leg., ch. 208, § 5, eff. Aug.
31, 1987; Acts 2003, 78th Leg., ch. 280, § 9, eff. June 18, 2003.
§ 51.057. DELIVERY OF APPLICATIONS. (a) An
application for the purchase of public school land shall be
delivered to the land office in a sealed envelope addressed to the
commissioner with the words "application to buy land" and the date
the land is to be sold endorsed on the envelope. Applications that
do not have the required endorsements are nevertheless valid.
(b) The envelopes shall remain unopened and the
applications unfiled, and the commissioner or his chief clerk shall
keep the envelopes and applications in a safe and secure manner
until the date of sale.
Acts 1977, 65th Leg., p. 2421, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 280, § 10, eff. June
18, 2003.
§ 51.058. METHOD FOR MAKING FIRST PAYMENT. (a) An
applicant shall submit with his application the required first
payment in the form of money or remittance collectible on demand in
Austin and convertible at par into money on order of the comptroller
without liability.
(b) If a remittance is made payable to the commissioner, the
payment is not invalid for that reason, but the commissioner shall
endorse it to the comptroller without incurring liability and the
remittance shall be treated as if it were payable to the
comptroller.
(c) An application is void if the payment is not made as
provided in this section.
Acts 1977, 65th Leg., p. 2421, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1997, 75th Leg., ch. 1423, § 14.04, eff.
Sept. 1, 1997.
§ 51.059. OPENING APPLICATIONS. (a) On the date of
sale, the application envelopes shall be opened and the
applications shall be filed and the information entered on the
docket of the board as provided in Section 32.108 of this code.
(b) Any person who desires to be present at the time the
envelopes are opened may do so.
Acts 1977, 65th Leg., p. 2421, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.060. RECORDATION OF FIRST PAYMENTS. (a) After
each application envelope is opened and the first payment for the
land is in the land office, the commissioner shall have the payment
listed on a daily list which shall be made in triplicate, showing
the name and address of each applicant and the purpose for which
each payment is made and shall transmit to the comptroller all of
the payments together with two of the lists.
(b) On receiving the payments and the lists, the comptroller
shall compare the payments with the lists, and if the comptroller
finds that the payments and the lists are correct, he shall receipt
one of the lists and return it to the commissioner and shall retain
the other list.
Acts 1977, 65th Leg., p. 2421, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1997, 75th Leg., ch. 1423, § 14.05, eff.
Sept. 1, 1997.
§ 51.061. COLLECTION OF REMITTANCES. (a) The
comptroller shall immediately collect all collectible remittances
and shall report to the commissioner all remittances not
collectible in Austin.
(b) Any remittances that cannot be collected shall be
returned to the commissioner.
Acts 1977, 65th Leg., p. 2421, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1997, 75th Leg., ch. 1423, § 14.06, eff.
Sept. 1, 1997.
§ 51.062. DISPOSITION OF FIRST PAYMENTS. (a) The
comptroller shall retain all first payments he has collected until
the commissioner notifies him of the final disposition of the
applications to purchase land.
(b) After the comptroller is notified, he shall return to
each applicant whose application is rejected the amount of his
first payment.
(c) On the last working day of each month, the comptroller
shall deposit in the State Treasury to the credit of the proper fund
the amount collected by him on accepted applications during that
month.
Acts 1977, 65th Leg., p. 2421, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1997, 75th Leg., ch. 1423, § 14.07, eff.
Sept. 1, 1997.
§ 51.063. DUPLICATE HIGH BIDS. If two or more
applicants submit the same bid for a tract of land and the bids are
the highest bids offered on the sale date, the school land board
shall reject all of the bids and the land shall be offered for sale
on the next sale date. Any subsequent bid for the land may not be
considered if it is less than the high bids rejected under this
section.
Acts 1977, 65th Leg., p. 2422, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.064. INDIVIDUAL BIDS. (a) Any public school land
offered for sale for which no application is made under Section
51.056 of this code may be sold to any person who files a proper
application in the land office in the manner provided by law.
(b) A person who files an application under this section is
not required to have any memorandum on the envelope containing the
application.
(c) If two or more applications are filed under this section
on the same day for the same land, the person offering the highest
price shall have his offer accepted, but if two or more persons
offer the same price for the land, the commissioner and the school
land board shall proceed in the manner provided by this chapter for
the first filing.
Acts 1977, 65th Leg., p. 2422, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 280, § 11, eff. June
18, 2003.
§ 51.065. NOTICE AND RECORD OF SALE. (a) The
commissioner shall notify the county clerk of the proper county of
the sale of each tract of land, the name and address of the
purchaser, and the price of the land.
(b) After being informed of any sale of public school land,
the county clerk shall enter in his books opposite the description
of the land sold, the name of the purchaser and the date of the sale.
(c) The notice of sale and the book containing the entry are
public records.
Acts 1977, 65th Leg., p. 2422, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 280, § 12, eff. June
18, 2003.
§ 51.066. NOTICE OF AWARD. (a) The commissioner shall
prepare and issue a notice of award for each tract of land sold.
(b) Each notice of award shall be appropriately numbered and
shall be worded in a manner that will constitute a receipt for the
first payment after it is signed by the commissioner.
(c) One copy of the notice of award shall be retained in the
land office and the other copy shall be sent to the purchaser.
Acts 1977, 65th Leg., p. 2422, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.067. INFORMATION REQUIRED WITH PAYMENTS. A person
who is making a payment of principal, interest, or lease rental on
land shall give the name of the original purchaser or lessee and
shall sufficiently designate the land.
Acts 1977, 65th Leg., p. 2422, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.068. FUND ACCOUNTS. (a) Payments of principal,
interest, and lease rental shall be accounted for in a similar form
but separate from first payments on land.
(b) The comptroller shall deposit 80 percent of all these
payments received each month to the probable fund to which they
belong as indicated by the commissioner and shall hold the
remaining 20 percent in the suspense account until definite notice
is received from the commissioner as to the proper fund. After
definite notice is received, the comptroller shall credit the full
amount to the proper fund.
(c) The commissioner shall give definite notice to the
comptroller immediately after he issues receipts to the persons
making the payments.
(d) The commissioner and comptroller shall keep an account
with each fund according to advices given by them and shall retain
the advices as permanent records.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 641, § 24, eff. Sept.
1, 1991; Acts 1997, 75th Leg., ch. 1423, § 14.08, eff. Sept. 1,
1997.
§ 51.069. DISPOSITION OF PAYMENTS ON PUBLIC SCHOOL
LAND. Payments on public school land received by the commissioner,
including payments received as interest on the purchase of public
school land, shall be transmitted to the comptroller to be credited
to the permanent school fund.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1997, 75th Leg., ch. 1423, § 14.09, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 328, § 5, eff. Jan. 1,
2004.
§ 51.070. UNPAID PRINCIPAL AND INTEREST ON PUBLIC SCHOOL
LAND SALES. (a) Unpaid and delinquent principal and interest on
sales of public school land shall bear interest at a rate set by the
board, which principal and interest shall be payable at the times
and on such terms as are established by the board by rule or by
contract.
(b) No patent may be issued for any public school land until
all unpaid principal and compounded interest is paid to the time of
issuing the patent.
(c) Any unpaid principal and interest is considered
delinquent on the 30th day after the date payment of the principal
and interest is due for the obligation.
(d) After the payment of principal and interest becomes
delinquent under the obligation, notice of delinquency and
subsequent potential forfeiture must be provided by certified mail,
return receipt requested, to the last known address of the obligee
and must be documented in the records of the land office.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 5244, ch. 965, § 4,
eff. June 19, 1983; Acts 1995, 74th Leg., ch. 354, § 1, eff. Aug.
28, 1995; Acts 2003, 78th Leg., ch. 280, § 13, eff. June 18,
2003.
§ 51.071. FORFEITURE OF LAND. (a) If principal and
interest on a sale of land is not paid when due, the land is subject
to forfeiture by the commissioner by entry on the wrapper
containing the papers "Land Forfeited" or similar words, the date
of the forfeiture, and the official signature of the commissioner.
(b) After the entry is made on the wrapper, the land and all
payments that have been made for it are forfeited to the state, and
the land may be offered for sale on a subsequent sale date.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 5244, ch. 965, § 5,
eff. June 19, 1983; Acts 2003, 78th Leg., ch. 280, § 14, eff.
June 18, 2003.
§ 51.072. EFFECT OF FORFEITURE. In cases of forfeiture,
the original obligations and reinstatement fees are as binding as
if no forfeiture occurred.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 280, § 15, eff. June
18, 2003.
§ 51.073. CLASSIFICATION AND SALE OF LEASED AND
FORFEITED LAND. (a) Before it is sold, the commissioner shall
classify and determine the market value of land on which leases have
been cancelled or have expired and land forfeited to the state.
(b) Except as provided in Section 51.064 of this code, no
land may be sold until it is advertised.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 280, § 16, eff. June
18, 2003.
§ 51.074. REINSTATEMENT OF LAND PURCHASES. (a) If no
rights of third persons have intervened, the purchasers or their
vendees, heirs, or legal representatives, who claim land that has
been forfeited for nonpayment of principal and interest, may have
the claim reinstated on written request by paying into the State
Treasury the amount of all principal and interest due on the claim
up to the date of reinstatement.
(b) The right to reinstate a claim under this section is
limited to the last purchaser from the state, or his vendees, heirs,
or legal representatives, and must be exercised within six months
from the date of the forfeiture.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 280, § 17, eff. June
18, 2003.
§ 51.075. FORFEITURE OF A DECEASED PURCHASER'S
LAND. (a) If a purchaser of land dies, the heirs or legal
representatives of the deceased have one year following November 1
after the purchaser's death in which to make payment before the
commissioner declares the land to be forfeited.
(b) If the forfeiture is declared by the commissioner within
the time period stated in Subsection (a) of this section, it will be
set aside on proper proof of death if no rights of third parties
have intervened.
Acts 1977, 65th Leg., p. 2424, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.076. LEGAL PROCEEDINGS. None of the provisions of
Sections 51.071 through 51.072 and 51.074 through 51.075 of this
code shall prevent the state from instituting legal proceedings
necessary:
(1) to enforce a forfeiture;
(2) to recover the full amount of principal and
interest that may be owed to the state at the time the forfeiture
occurred; or
(3) to protect another right to the land.
Acts 1977, 65th Leg., p. 2424, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 280, § 18, eff. June
18, 2003.
§ 51.077. LIEN. To secure the payment of principal and
interest due on a sale of public school land and university land the
state has an express lien for the use and benefit of the fund to
which the land belongs. The lien is in addition to any right and
remedy that the state has for enforcement of the payment of
principal and interest due and unpaid, up to and including the
period required to reinstate the land award and obligation.
Acts 1977, 65th Leg., p. 2424, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 280, § 19, eff. June
18, 2003.
§ 51.0771. REINSTATEMENT FEE. (a) A reinstatement fee
is due when a forfeited award is reinstated. The reinstatement fee
is calculated at one and one-half percent of all amounts delinquent
at the time of the reinstatement.
(b) The comptroller must receive the reinstatement fee
before the forfeited award is reinstated.
(c) Amounts received in the form of a reinstatement fee are
considered proceeds from the sale of permanent school fund land and
shall be deposited in the permanent school fund.
Added by Acts 2003, 78th Leg., ch. 280, § 20, eff. June 18, 2003.
§ 51.078. TRANSFER OF INDEBTEDNESS. (a) If a person or
the Federal Farm Loan Bank, with the consent of the owner of land
covered by Section 51.077 of this code, pays to the state the
principal and interest due on any obligation given for the land, the
commissioner, on written request of the owner, may execute,
acknowledge, and deliver to the person or the Federal Farm Loan Bank
a written transfer of the indebtedness held by the state. The
written request of the owner shall be acknowledged in the manner
required for the conveyance of real estate and shall be accompanied
by an affidavit of ownership.
(b) The person or the Federal Farm Loan Bank is subrogated
to all the rights, liens, and remedies held by the state to secure
and enforce the payment of the principal and interest that was paid
to the state.
(c) If the land claimed by a person claiming to be the owner
is held under evidence of title that the law or rules of the land
office do not authorize to be filed in the land office, the
commissioner may admit the owner to be the person that the person or
the Federal Farm Loan Bank paying the indebtedness admits to be the
owner, and on making this admission the instrument of transfer
shall be executed.
(d) None of the provisions of this section shall change any
part of the law or rules that apply to the land office with relation
to titles to land and issuance of patents.
Acts 1977, 65th Leg., p. 2424, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.079. TRANSFERS GENERALLY. (a) An owner of public
school land purchased from the state may sell the land or a definite
portion of the land in any size tract.
(b) If land to be sold is separated from another portion of
land but is not sufficiently designated by metes and bounds in the
papers offered to be filed so that it may be identified with
certainty, the commissioner shall require that proper field notes
accompany the papers before he files them and separates the land.
Acts 1977, 65th Leg., p. 2425, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 280, § 21, eff. June
18, 2003.
§ 51.080. PERSONAL TRANSFERS. (a) A vendee who
obtains through personal transfer a whole survey or a whole portion
of a survey purchased from the state as a whole or who obtains
through personal transfer a portion of a survey purchased from the
state as a whole or in a quantity less than the whole survey is
entitled to become a substitute purchaser directly from the state
in the manner provided in this section.
(b) With the approval of the commissioner, the vendee may
file in the land office a complete chain of title through personal
transfers that have been duly executed and recorded in the counties
in which the land or a part of the land is located and shall pay the
fees provided by law.
(c) After the papers are filed in the land office, the
substituted purchaser shall have his portion of land separated from
the other portion of land, if any, on the records of the land office
and shall assume and be liable to the state for all unpaid principal
and interest due the state for the land conveyed by the deeds that
are filed, together with all obligations and penalties attaching to
the original purchase.
(d) The obligation of the original purchaser and the
obligation of all vendors of the substituted purchaser are
enforceable against the substituted purchaser as if he were the
original purchaser from the state, and the obligation of the vendor
or vendors of the substituted purchaser are canceled.
Acts 1977, 65th Leg., p. 2425, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.081. TRANSFERS OTHER THAN PERSONAL TRANSFER. A
person who claims title through a source other than by personal
transfer to a definite portion of a survey that is less than the
whole survey purchased from the state, with the approval of the
commissioner, may have the portion of land that he claims separated
from the other portion of the survey on the records of the land
office by filing in the land office evidence of claims that may be
required by the commissioner and by paying the fees provided by law
for papers filed as evidence of the claim or a right to a separation
of the area.
Acts 1977, 65th Leg., p. 2425, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.082. LIABILITY OF VENDEE. After a separation of
land is made on the records of the land office, the portion that is
separated shall be charged and credited with its pro rata part of
the principal and interest due and paid to November 1 preceding the
date of the filing of the transfers or other papers.
Acts 1977, 65th Leg., p. 2425, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.083. PATENT ON PART OF A TRACT. (a) If an owner or
claimant of land whose ownership or claim is shown on the records of
the land office desires a patent on a portion of the whole tract,
the owner or claimant, with the approval of the commissioner, may
file field notes for the portion of the tract on which the patent is
desired, together with the filing fee required by law, and may
obtain a patent for the portion of the tract after the full price is
paid, together with all fees required by law.
(b) If the ownership of the tract is evidenced by personal
transfer, the patent shall be issued to the owner and his assigns,
but if the claimant claims title through other evidence than by
personal transfer, the patent shall be issued in the name of the
person and his assigns who hold title by original purchase or in the
name of the person and his assigns who appear on the records to hold
title through the last personal transfer.
(c) If a patent is issued in the name of any person other
than the legal owner, the patent and the rights granted in the
patent inure to the benefit of the legal owner.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.084. SALE WITHOUT CONDITION OF RESIDENCE. No sale
made without condition of settlement may be questioned by the state
or any person after one year from the date of the sale.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.085. TIME FOR PURCHASE OF LAND. Each purchaser of
land has the option of paying the purchase price in full at any
time, together with all fees, and obtaining a patent for the land.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.086. SALE OF ESCHEATED PERMANENT SCHOOL
LAND. (a) All sales of escheated land that is a part of the
permanent school fund must be made to the highest bidder at a price
that may not be less than the greater of $2.50 an acre or the minimum
price set by the court under Section 71.107, Property Code.
(b) On a contract for sale of escheated permanent school
land, the initial payment must be in cash and may not be less than
one-tenth of the purchase price. The purchaser shall pay the
balance of the purchase price in nine equal annual installments and
shall pay interest on the deferred amount at the rate set by the
board.
(c) When escheated permanent school land is sold, this state
shall reserve all minerals in the land for the permanent school
fund.
Added by Acts 1983, p. 3729, ch. 576, § 4, eff. Jan. 1, 1984.
Amended by Acts 2003, 78th Leg., ch. 1276, § 13.002(a), eff.
Sept. 1, 2003.
SUBCHAPTER D. LEASE OF LAND
§ 51.121. LEASE OF UNSOLD LAND. (a) Unsold public
school land may be leased for any purpose the commissioner
determines is in the best interest of the state under terms and
conditions set by the commissioner. Commercial improvements on
land under this subsection shall not become the property of the
state and shall be taxed in the same manner as other private
property.
(b) Commercial improvements on land leased under Subsection
(a) of this section shall be removed prior to the expiration of the
lease unless a renewal or an extension of the lease has been
finalized prior to the expiration of the term of the lease. If
commercial improvements are not removed prior to the expiration of
the lease and if there has been no renewal or extension prior to the
expiration of the lease, then the commercial improvements on the
land shall become property of the state.
(c) If escheated land that is a part of the permanent school
fund is leased under this chapter for a purpose other than for
grazing, the period of the lease may not exceed two years. The
lessee shall pay rent under the lease in money.
(d) In leases granted under this subchapter that are for
terms of 20 years or more, the commissioner may grant the lessee a
preference right to purchase the leased premises. In order to grant
this preference right, the commissioner must include such a
provision in the lease. The provision may provide that the
preference right to purchase may be exercised at any time during the
term of the lease. If the commissioner does include the preference
right to purchase in the lease, the lessee shall have a preference
right to purchase the leased premises before the leased premises
are made available for sale to any other person. All sales under
this subsection must be for not less than market value as determined
by an appraiser and under any other terms and conditions that the
commissioner deems to be in the best interest of the state. The
preference right to purchase granted under this subsection is
superior to any other preference right to purchase granted under
any other section of this code or under any other law. Nothing in
this subsection shall be construed to allow the commissioner to
grant a preference right to purchase submerged land.
(e) Subject to the provisions of Title 2, Utilities Code,
any district created by Section 59, Article XVI, Texas
Constitution, that leases unsold public school land for power
generation through the use of renewable energy sources, such as
wind, solar, or geothermal energy and other sustainable sources, or
a district participating in a power generation project using
renewable energy sources which is located on unsold public school
lands may distribute and sell electric energy generated on public
school lands within or without the boundaries of the district and
may issue bonds to accomplish such purposes pursuant to Chapter
1371, Government Code, or other applicable law. For any such power
generation project which is located on both public lands and
private lands, the district may sell outside its boundaries only
the pro rata portion of the total amount as is generated on the
public lands. All electric energy generated pursuant to this
section shall be sold for resale only to utilities authorized to
make retail sales under Title 2, Utilities Code, and shall be
subject to the solicitation process and integrated resource
planning process authorized by that title.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 472, ch. 215, § 1, eff.
May 17, 1979; Acts 1983, 68th Leg., p. 3729, ch. 576, § 5, eff.
Jan. 1, 1984; Acts 1985, 69th Leg., ch. 624, § 33, eff. Sept. 1,
1985; Acts 1987, 70th Leg., ch. 208, § 4, eff. Aug. 31, 1987;
Acts 1993, 73rd Leg., ch. 991, § 14, eff. Sept. 1, 1993; Acts
1999, 76th Leg., ch. 62, § 18.40, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 1420, § 8.352, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 280, § 22, eff. June 18, 2003.
§ 51.122. ADVERTISEMENT OF LEASES. Leases under the
provisions of this subchapter may be advertised in the manner
provided in Section 32.107 of this code.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.123. LEASE APPLICATION. A person who desires to
lease land shall submit a written application to the commissioner
specifying and describing the particular land he desires to lease.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.124. AWARD OF LEASE. (a) A lease shall be awarded
to the highest responsible bidder.
(b) The lease shall be awarded under the rules and in the
quantities the commissioner considers to be in the best interest of
the state and not inconsistent with the equities of the occupant.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 624, § 33, eff. Sept.
1, 1985.
§ 51.125. REJECTION OF BID OR OFFER TO LEASE. Any bid or
offer to lease may be rejected by the commissioner for fraud,
collusion, or other good and sufficient cause before the lease is
signed.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 624, § 33, eff. Sept.
1, 1985.
§ 51.126. NOTIFICATION OF ACCEPTANCE AND EXECUTION OF
LEASE. After the applications are received, the commissioner
shall give written notification to the successful applicant that
his bid or offer to lease is accepted and execute a lease to the
applicant in the name and by the authority of the State of Texas.
Acts 1977, 65th Leg., p. 2427, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.127. RECORDING LEASE. (a) After the lessee has
paid the rent for the land for a year in advance, the commissioner
shall deliver the lease to the clerk of the county in which the land
is located.
(b) When a lease is filed for record, the clerk shall
prepare a memorandum or abstract of the lease and shall record the
memorandum or abstract in a well-bound book or on microfilm kept in
his office.
(c) The memorandum or abstract shall contain:
(1) the number of the survey leased;
(2) the name of the original grantee;
(3) the amount of land leased;
(4) the name of the lessee;
(5) the date of the lease; and
(6) the term of years the lease is to run.
(d) On payment of the fee required by law, the clerk shall
deliver the lease to the lessee.
(e) Except for the record made under this section, no other
record of a lease is required.
Acts 1977, 65th Leg., p. 2427, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.128. CANCELLATION OF LEASE. (a) If a lessee fails
to pay rent within 15 days after it is due, the lessee shall owe a
penalty of 10 percent of the amount due.
(b) If a lessee fails to pay the rent within 60 days after it
is due, the commissioner shall cancel the lease in writing.
(c) The commissioner shall file the written notice of
cancellation with the other papers relating to the lease, and the
lease shall terminate immediately.
Acts 1977, 65th Leg., p. 2427, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1987, 70th Leg., ch. 948, § 17, eff. Sept.
1, 1987.
§ 51.129. LIEN. (a) During the continuance of the
lease and after forfeiture, the state has a lien on all property
owned by the lessee which is located on the leased premises to
secure payment of rent due.
(b) The lien is superior to all other liens.
(c) A reservation of the lien in the lease is not essential
to preserve its validity.
Acts 1977, 65th Leg., p. 2427, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.130. REMOVAL OF IMPROVEMENTS. An improvement made
by a lessee on land leased by him may be removed by the lessee on the
expiration of the lease or, at the discretion of the commissioner,
may become the property of the state if, in the original lease, the
commissioner and the lessee agree on adequate credit to be applied
to the rental to be paid the state by the lessee, thereby allowing
the lessee an agreed consideration.
Acts 1977, 65th Leg., p. 2427, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.131. SOIL AND WATER CONSERVATION PLANS. (a) For
each lease issued under this subchapter for agricultural or grazing
purposes, the commissioner may require the lessee to implement a
soil and water conservation plan approved by the commissioner. The
commissioner, in reviewing a plan, and the lessee, in implementing
a plan, may be assisted by the United States Department of Natural
Resources Conservation Service.
(b) The commissioner by rule shall adopt a procedure for
reviewing and approving soil and water conservation plans required
by Subsection (a) of this section.
Added by Acts 1985, 69th Leg., ch. 624, § 34, eff. Sept. 1, 1985.
Amended by Acts 2003, 78th Leg., ch. 280, § 23, eff. June 18,
2003.
SUBCHAPTER E. SALE AND LEASE OF VACANCIES
§ 51.171. PURPOSE; APPLICATION OF OTHER LAW. (a) This
subchapter controls the purchase and lease of vacant land and the
authority of the commissioner and the board to:
(1) determine whether a vacancy exists; and
(2) sell and lease vacant land.
(b) To the extent a provision of this subchapter conflicts
with another law relating to vacant land, this subchapter controls.
(c) Chapter 2001, Government Code, does not apply to a
proceeding under this subchapter.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.172. DEFINITIONS. In this subchapter:
(1) "Applicant" means any person who files an
application to purchase or lease a vacancy.
(2) "Good-faith claimant" means a person who:
(A) occupies or uses or has previously occupied
or used, or whose predecessors in interest have occupied or used, a
vacancy for purposes other than exploring for or removing oil, gas,
sulphur, or other minerals and geothermal resources from the
vacancy; and
(B) has had, or whose predecessors in interest
have had, the vacancy enclosed or within definite boundaries
recognized in the community and in possession for a period of at
least 10 years with a good-faith belief that the vacancy was
included within the boundaries of a survey or surveys that were
previously titled, awarded, or sold under circumstances that would
have vested title in the vacancy if the vacancy were actually
located within the boundaries of the survey or surveys.
(3) "Interested person" means a person, excluding a
good-faith claimant or an applicant, who has a present legal
interest in the surface or mineral estate of the land claimed to be
vacant.
(4) "Necessary party" means an applicant, interested
person, and good-faith claimant whose present legal interest in the
surface or mineral estate of the land claimed to be vacant may be
adversely affected by a vacancy determination.
(5) "Vacancy" means an area of unsurveyed public
school land that:
(A) is not in conflict on the ground with land
previously titled, awarded, or sold;
(B) has not been listed on the records of the land
office as public school land; and
(C) was not, on the date of filing of an
application:
(i) subject to an earlier subsisting
application; or
(ii) the subject of pending litigation
relating to state ownership or possession of the land.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.173. DISPOSITION OF VACANT LAND. (a) Vacant and
unsurveyed public school land shall be located, sold, and leased
under this subchapter, except:
(1) submerged lands within tidewater limits;
(2) all islands, flats, and emergent lands within
tidewater limits;
(3) natural lakes; and
(4) riverbeds, including channels and islands in
riverbeds, above tidewater limits.
(b) This subchapter does not alter or diminish the public
domain status of the surface estate of riverbeds and channels and
islands in riverbeds that are located above tidewater limits.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.174. GENERAL POWERS AND DUTIES OF
COMMISSIONER. (a) The commissioner may:
(1) delegate responsibility for implementing this
subchapter; and
(2) perform any other act necessary to administer and
implement the purposes of this subchapter.
(b) The commissioner shall adopt rules necessary and
convenient to administer this subchapter.
(c) The commissioner shall advise the board relating to the
market value of the surface and mineral estates of vacant land.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 280, § 24, eff. June 18, 2003.
§ 51.175. GENERAL POWERS AND DUTIES OF BOARD. (a) The
board shall set the terms and conditions for each sale and lease of
a vacancy.
(b) The board shall adopt rules governing the terms and
conditions for the sale and lease of a vacancy. The rules shall be
adopted and amended as necessary to be consistent with real
property law of this state and other applicable law.
(c) The board may adopt rules governing mineral
classification, royalty reservations, and awards of royalty
reservations and preferential rights to an applicant or to a
good-faith claimant in addition to the provisions prescribed by
this subchapter.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 280, § 25, eff. June 18, 2003.
§ 51.176. APPLICATION. (a) To purchase or lease land
claimed to be vacant, a person must file an application on a form
prescribed by the commissioner. A completed application must:
(1) describe the land that is claimed to be vacant;
(2) state whether the applicant seeks to purchase the
land that is claimed to be vacant or obtain a mineral lease on the
land;
(3) state the name and address of each person who, from
facts known to the applicant, asserts a present legal interest in
the land claimed to be vacant;
(4) if applicable, state the basis and provide
documentary proof for an assertion of good-faith-claimant status;
and
(5) provide any other information required by the
commissioner.
(b) The applicant must file the application with the county
surveyor of the county in which all or part of the land claimed to be
vacant is located. If the county does not have a county surveyor,
the application must be filed with the county clerk.
(c) The county surveyor or county clerk, as applicable,
shall mark the exact date and hour of filing on the original and a
duplicate copy of the application and shall return a marked copy to
the person filing the application. The original shall be recorded
in a book kept for that purpose separate from the deed or real
property records. The failure to record an application as provided
by this subsection does not affect the validity of the application
filing.
(d) Priority among applications covering the same land
claimed to be vacant is determined by the time of filing indicated
by the date and hour marked on the application by the county
surveyor or county clerk.
(e) The applicant shall file with the commissioner the
duplicate copy of the application with the county official's mark
indicating the time of filing not later than the 30th day after the
date the application is filed with the county surveyor or clerk. If
the 30th day after the date of filing falls on a Saturday, Sunday,
or state or federal holiday, the application may be filed on the
next regular business day following the 30th day. The applicant
shall include a filing fee set by the commissioner in an amount of
not less than $100.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.177. PROCESSING APPLICATION. (a) The
commissioner shall mark the date of filing on the application and
assign a file number to the application.
(b) The commissioner shall accept an application filed in
compliance with this subchapter and shall notify the applicant on
acceptance of the application.
(c) The commissioner may reject an application and shall
notify the applicant of the rejection if the application:
(1) has material omissions;
(2) does not describe the land claimed to be vacant
adequately for the land to be located on the ground; or
(3) describes as vacant land that has been finally
adjudicated in a court of this state or of the United States not to
be vacant.
(d) A rejected application is terminated. No further action
is taken on the application, and the land office file is closed.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.178. APPLICATION FOR AND DETERMINATION OF
GOOD-FAITH-CLAIMANT STATUS. (a) A person may apply for
good-faith-claimant status not later than the 90th day after:
(1) the date of a final order by the commissioner
finding that a vacancy exists; or
(2) the date of final judgment by a court that a
vacancy exists, if the commissioner does not find that a vacancy
exists.
(b) The application must include certified copies of
applicable county records supporting the good-faith claimant's
status.
(c) The commissioner shall, after expiration of the period
prescribed by Subsection (a)(2), declare whether a person is a
good-faith claimant. The commissioner may consider documents filed
in support of the person's good-faith-claimant status and any other
relevant information. The commissioner may conduct an
investigation under Section 51.185 as necessary to make a
determination on the application. The commissioner has sole
discretion to declare a person a good-faith claimant, and a person
is not otherwise entitled to a declaration of good-faith-claimant
status. A declaration of the commissioner under this subsection is
not a final order and may not be appealed, except as provided by
Section 51.187.
(d) A declaration of good-faith-claimant status grants a
preferential right to the claimant to purchase or lease the land as
provided by this subchapter. The declaration does not confer any
other rights.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., 3rd C.S., ch. 3, § 33.01, eff. Jan.
11, 2004; Acts 2003, 78th Leg., 3rd C.S., ch. 3, § 33.02, eff.
Jan. 11, 2004.
§ 51.179. IDENTIFICATION OF AND NOTICE TO NECESSARY
PARTIES. (a) The applicant shall identify each necessary party
by the name and last known address of each owner or claimant of land
or any interest in land or of a lease on, adjoining, overlapping, or
including the land claimed to be vacant as can be determined from
the records of the land office and the county clerk's office.
(b) The applicant shall provide each necessary party with
the notice of the commissioner's acceptance of the application, a
copy of the application, and a continuance for future notices form
not later than the 90th day after the date the applicant receives
the notice of the commissioner's acceptance of the application.
(c) Except as provided by this subsection, a necessary party
is not entitled to subsequent notices required by this subchapter
unless the party requests subsequent notices. The commissioner
shall notify a necessary party of a final order issued under Section
51.186.
(d) Not later than the 30th day after the date the notices
are mailed under Subsection (b), the applicant must publish the
notice of the commissioner's acceptance of the application in each
newspaper of general circulation in the county and the general area
in which the land is located for a period determined by the
commissioner. The published notice must contain a description of
the land claimed to be vacant.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.180. DEPOSIT. (a) The commissioner may recover
state funds expended in the investigation and hearings conducted
under this subchapter.
(b) Not later than the 30th day after the date notice is
published as required by Section 51.179, the commissioner may
require the applicant to submit a deposit. If required, the
applicant must make a deposit in an amount sufficient to pay the
costs of any survey and investigation required under this
subchapter not later than the 30th day after the date the
commissioner notifies the applicant.
(c) If the amount deposited is insufficient, the
commissioner may make a written request for a reasonably necessary
supplemental deposit. If a supplemental deposit is required, the
applicant must make the deposit not later than the 30th day after
the date the commissioner requests the deposit.
(d) The commissioner and applicant may agree to alternative
payment methods to recover state funds expended in the
investigation and hearings conducted under this subchapter.
(e) An applicant may not challenge or appeal the amount of
the required deposits, and the applicant's refusal or failure to
make the required deposits terminates the application.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.181. DISPOSITION OF DEPOSITS. (a) The
commissioner shall deposit all initial and supplemental deposits
received under this subchapter to the credit of a separate trust
account in the state treasury. The comptroller, on the
commissioner's order, shall make disbursements from that account
for purposes authorized by this subchapter.
(b) After proceedings on an application are concluded and
all expenditures authorized under this subchapter are paid, the
commissioner shall provide the applicant a complete statement of
all deposits and expenditures and shall remit to the applicant any
balance remaining from the deposit or supplemental deposits made by
the applicant.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.182. COMMISSIONER'S SURVEY. (a) The commissioner
may appoint a licensed state land surveyor, or the county surveyor
of the county in which the land claimed to be vacant or part of that
land is located, to investigate the applicant's claim. The
commissioner may limit the scope of the work performed by the
surveyor.
(b) The commissioner shall mail a notice of intention to
survey to each necessary party not later than the 30th day before
the date the surveyor begins work. The notice must contain the
proposed starting date of the survey and the name, address, and
telephone number of the surveyor.
(c) The fees and expenses paid for the survey are the same as
those provided by law. If the fees and expenses are not provided by
law, the commissioner shall contract for fees and expenses
reasonably necessary for the scope of the required work. Contracts
under this subsection:
(1) must include hourly rates, categories of
reimbursable expenses, and an estimated completion date; and
(2) may include other expenses the commissioner
considers reasonable.
(d) The appointment of a surveyor is not required. The
commissioner may rely on:
(1) any survey conducted by a licensed state land
surveyor or a county surveyor of the county in which the land
claimed to be vacant or a part of that land is located; and
(2) any documents or public records required to
determine whether a vacancy exists.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.183. SURVEYOR'S REPORT. (a) Not later than the
120th day after the date a surveyor is appointed under Section
51.182, the surveyor shall file a written report of the survey, the
field notes describing the land and the lines and corners surveyed,
a plat depicting the results of the survey, and any other
information required by the commissioner. The commissioner may
extend the time for filing the report as reasonably necessary.
(b) The survey report must also contain the name and post
office address of each person who has possession of the land
described in the application and of each person determined by the
surveyor to have a present legal interest in the land.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.184. COMPLETION OF SURVEY. (a) The commissioner
shall serve a true copy of the survey report filed by the surveyor
on each necessary party, including those named in the survey
report, by certified mail, return receipt requested, not later than
the 10th business day after the date the survey report is filed with
the land office.
(b) Any necessary party may file exceptions to the
surveyor's report not later than the 30th day after the date the
notice of completion is received. If the commissioner does not
appoint a surveyor, a necessary party may file exceptions to a
survey report filed by the applicant during a period established by
the commissioner. Any exceptions must be filed with the land office
and a copy must be sent to each necessary party.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.185. INVESTIGATION. (a) The commissioner shall
conduct an investigation of the applicant's claim that a vacancy
exists. The commissioner may conduct a hearing. A hearing under
this subchapter is not a contested case hearing and is not subject
to Chapter 2001, Government Code. The commissioner is not required
to grant any hearings under this subchapter.
(b) The commissioner shall determine the scope of any
hearings to investigate an application for good-faith-claimant
status and an application to purchase or lease vacant land. If the
commissioner grants a hearing, the commissioner shall provide
timely notice of the time and place of the hearing to necessary
parties and shall provide each necessary party an opportunity to be
heard. Any other procedural rights, including the right to examine
or cross-examine witnesses, may be granted in the sole discretion
of the commissioner.
(c) The commissioner may consult with any land office
employee, including the chief surveyor, or a relevant expert during
the investigation.
(d) The commissioner shall record the names of the persons
consulted, the documents and surveys reviewed, and the relevant law
and other materials used in the investigation.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.186. COMMISSIONER'S FINAL ORDER. (a) If the
commissioner concludes that the land claimed to be vacant is not in
conflict with land previously titled, awarded, or sold by the
state, the commissioner may determine that a vacancy exists. The
commissioner shall notify each necessary party by mailing each
party a copy of the vacancy determination. The vacancy
determination is a final order of the commissioner and may be
appealed as provided by Section 51.187.
(b) A vacancy determination order must contain:
(1) a field note description of the land determined to
be vacant that is sufficient to locate the land on the ground;
(2) an accurate plat of the land that is:
(A) consistent with the field notes; and
(B) prepared by a county surveyor or licensed
state land surveyor; and
(3) any other matters required by law or as the
commissioner considers appropriate.
(c) In determining the boundaries and size of a vacancy, the
commissioner is not restricted to a description of the land claimed
to be vacant that is provided by the applicant, the surveyor, or any
other person. The commissioner shall adopt the description of a
vacancy that best describes the vacancy and is consistent with the
investigation under this subchapter.
(d) If the commissioner determines that the land claimed to
be vacant is not vacant, the commissioner shall endorse the file
with the finding "Not Vacant Land" and shall notify each necessary
party of the determination. A finding of "Not Vacant Land" is
conclusive with respect to land described in the application. A
finding of "Not Vacant Land" under this subsection is a final order
of the commissioner and may be appealed as provided by Section
51.187.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.187. APPEAL. (a) The district court in the county
in which a majority of the vacant land is located has jurisdiction
of an appeal under this subchapter. A person must file an appeal
not later than the 90th day after the date the commissioner's final
order is issued under Section 51.186.
(b) The district court, in its discretion, may allow an
interested person who did not receive notice of a proceeding under
this subchapter to file an appeal after the expiration of the 90-day
period prescribed by Subsection (a).
(c) If the commissioner has not issued a final order under
Section 51.186 on or before the first anniversary of the date the
application was accepted under Section 51.177(b), the applicant may
file an action in district court to determine whether a vacancy
exists. The filing of an action under this subsection terminates
the application with the land office.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.188. SCOPE OF REVIEW. The district court shall
conduct a de novo review of the commissioner's final order
determining that a vacancy does or does not exist.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.189. ISSUES REVIEWABLE. The court may review the
commissioner's declaration of good-faith-claimant status only in
conjunction with a review of a final order determining that a
vacancy exists.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.190. STANDING TO APPEAL. A person may appeal the
commissioner's final order if the person:
(1) is an applicant;
(2) has a present legal interest in the surface or
mineral estate at the time an application is filed; or
(3) acquires a legal interest before the date of the
commissioner's final order.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.191. PREFERENTIAL RIGHT OF GOOD-FAITH
CLAIMANT. (a) A good-faith claimant who has been notified by the
commissioner that a vacancy exists under this subchapter has a
preferential right to purchase or lease the vacancy. The
preferential right may be exercised after a final judicial
determination or after the commissioner's final order and the
period for filing an appeal has expired. If the good-faith claimant
does not apply to purchase or lease the land before the 121st day
after the date the preferential right may be exercised, the
preferential right expires.
(b) The good-faith claimant may purchase or lease the
vacancy by submitting a written application to the board.
(c) The good-faith claimant is entitled to purchase or lease
the portion of the land that is vacant:
(1) at the price set by the board;
(2) subject to the royalty reservations provided by
the board; and
(3) in accordance with the law in effect on the date
the application is filed.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
§ 51.192. PURCHASE OR LEASE BY APPLICANT. (a) If no
good-faith claimant exists or if no good-faith claimant exercises a
preferential right within the applicable period, the applicant has
a preferential right to purchase or lease the land determined to be
vacant for 30 days after:
(1) a determination that no good-faith claimant
exists; or
(2) the expiration of the period for exercising a
preferential right.
(b) The board shall award an applicant, other than a
good-faith claimant, a perpetual nonparticipating royalty of:
(1) not less than 1/32 or more than 1/16 of the value
of oil, gas, and sulphur; and
(2) one percent of the value of all geothermal and
other minerals produced.
Amended by Acts 2001, 77th Leg., ch. 1418, § 1, eff. Sept. 1,
2001.
SUBCHAPTER F. PATENTS
§ 51.241. ISSUANCE OF PATENT. The commissioner shall
issue a patent when the records of his office reflect that full
payment for land has been made where required and fees that are due
on the land have been paid to the land office and have not been
withdrawn, including the fee for recording the patent in the county
or counties in which the land is located.
Acts 1977, 65th Leg., p. 2435, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.242. PATENT FEES. When a person applies for a
patent, he shall pay to the land office in addition to all other
required payments a fee set by the commissioner in an amount not
less than $1 for each county in which all or a part of the land is
located and shall give the name and address of the owner or agent.
Acts 1977, 65th Leg., p. 2435, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 404, ch. 81, § 21(h),
eff. Sept. 1, 1983.
§ 51.243. REQUISITES OF A PATENT. (a) Each patent for
land from the state shall be issued in the name and by authority of
the state under the state seal and the land office seal and shall be
signed by the governor and countersigned by the commissioner.
(b) Before the patent is delivered to the person who is
entitled to it, it shall be registered in the land office patent
book.
Acts 1977, 65th Leg., p. 2436, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1993, 73rd Leg., ch. 300, § 35, eff. Aug.
30, 1993.
§ 51.244. DELIVERY OF PATENT. (a) When a patent is
ready for delivery, the commissioner shall send it, together with
the check for payment of the fee required by Section 51.242 of this
code and the name and address of the owner or his agent, by
certified mail to the clerk of the proper county.
(b) On receiving the patent, the clerk shall record it and
shall send the patent, together with the name and address of the
owner or his agent and the remaining recording fees, by certified
mail to the clerk of another proper county until the patent has been
recorded in each county in which all or part of the land is located.
(c) After the patent is recorded in all the proper counties,
it shall be sent by certified mail to the proper party.
Acts 1977, 65th Leg., p. 2436, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1995, 74th Leg., ch. 354, § 2, eff. Aug.
28, 1995.
§ 51.245. DECEASED PATENTEE. A patent issued in the
name of a person who is deceased at the time the patent is issued
conveys and secures valid title to the heirs or assignee of the
deceased person.
Acts 1977, 65th Leg., p. 2436, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.246. ACQUISITION OF DEED OF ACQUITTANCE TO EXCESS
ACREAGE. (a) If the area of a tract of land that is titled or
patented exceeds the quantity provided in the title or patent and if
under the existing law the title to all or a part of the tract may be
affected by the existence of the excess acreage, the person who owns
the survey or portion of the survey or has an interest in it may pay
for the total excess acreage in the survey or the total excess in a
given tract out of the patented or titled survey at the price fixed
by the board.
(b) Any person who owns an interest in a titled or patented
survey or any portion of a titled or patented survey in which excess
acreage is located and who desires to pay for the excess acreage
shall file with the commissioner a request for a determination of
market value by an appraiser with corrected field notes in the form
provided by law, together with a sworn statement of facts relating
to his right to purchase and other evidence of his right to purchase
which may be required by the commissioner. The corrected field
notes shall describe the patented tract, and if purchasing excess
in a portion of a tract, shall include a description of the portion
in which the applicant is making application to purchase excess.
(c) If it appears that excess acreage actually exists and
that the applicant is entitled to obtain it under the law, the
commissioner shall execute a deed of acquittance covering the land
in the name of the original patentee or his assignees with a mineral
reservation or with no mineral reservation accordingly as may have
been the case when the survey was titled or patented.
(d) The transfer shall inure distributively to the benefit
of the lawful owners of the land in proportion to their holdings.
Acts 1977, 65th Leg., p. 2436, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 280, § 26, eff. June
18, 2003.
§ 51.247. PATENTS FOR LAND THAT CANNOT BE PATENTED BY
OTHER METHODS. (a) Any headright survey, homestead donation,
preemption survey, scrip survey, or other survey awarded or sold
before August 20, 1931, which has been held and claimed in good
faith by a person for 10 years before the date of application for a
patent but which cannot be patented under existing law may be
patented on payment to the commissioner of the purchase price as set
by the board.
(b) The patent shall be issued to the owner of record as
shown in the records of the land office and shall inure
distributively to the legal owners of the land.
(c) If a tract of school land has been occupied by mistake as
part of another tract, the occupant shall have a preference right
for a period of six months after discovery of the mistake to
purchase the land at the same price paid or contracted to be paid
for the land actually conveyed to him.
Acts 1977, 65th Leg., p. 2436, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.248. DOUBTFUL CLAIM. If it appears to the
commissioner from the records of his office or from information
given to him under oath that there is an illegality in a claim, the
commissioner, if he considers it necessary, shall refer the matter
to the attorney general, and the attorney general's written
decision is sufficient authority for the commissioner to issue or
withhold the patent.
Acts 1977, 65th Leg., p. 2437, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.249. CONFLICTING SURVEYS. If conflicts exist
between surveys, the commissioner shall issue patents to the
portions of the surveys that are free from conflict.
Acts 1977, 65th Leg., p. 2437, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.250. CONFLICTING TITLE. (a) If a patent to land
is issued by mistake on any valid claim for land and is afterwards
found to be in conflict with an older title, the owner of the patent
or any part of the land embraced by the patent which is in conflict
may return the patent to the commissioner for cancellation. If the
owner of the land that is the subject of the conflict cannot obtain
the patent, he shall return to the commissioner legal evidence of
his title to the patent or part of the patent.
(b) The person returning the patent or filing the evidence
also shall make and file with the commissioner an affidavit stating
that he is still the owner of the land and has not sold or
transferred it.
(c) If the land office records or a duly certified copy of a
judgment of a court of competent jurisdiction that has adjudicated
the title reflects that a conflict exists, the commissioner may
cancel the patent or the part of a patent that appears to belong to
the party making the application.
(d) In cases where a survey in a block or system of surveys
conflicts on one side or more, and omits an unpatented strip on
another side or sides due to the patent being issued on an erroneous
subsequent survey not conforming to the original and recognized
pattern for the block or system, the commissioner, at the request of
all parties owning under said patent, may cancel said patent and
issue a corrected patent that shall conform to said block or system
of surveys. In the event that excess acreage exists, a deed of
acquittance shall be procured, as provided by law, and will be
issued simultaneously with the corrected patent. This Subsection
(d) shall not adversely affect the rights of any party in or
entitled to possession of land affected by this subsection, but
merely clarifies that the ownership in any land in a block or system
of surveys exists as if the patent had been correctly issued on the
date the erroneous patent was issued. The rights of a claimant
under applicable law shall be construed as if the corrected patent
had been originally issued.
Acts 1977, 65th Leg., p. 2437, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1981, 67th Leg., p. 2239, ch. 535, § 1,
eff. Aug. 31, 1981.
§ 51.251. PARTIAL CONFLICT OF TITLE. If there is only a
partial conflict of title under a patent, the commissioner in the
manner provided in Section 51.250 of this code may cancel any patent
presented to him and issue a patent to the applicant for the portion
of the land that is covered by his original patent but that is not in
conflict with the older title if the area can be determined from the
field notes.
Acts 1977, 65th Leg., p. 2437, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.252. REFUND OF PURCHASE MONEY. (a) If a patent
cannot be issued for land because of a conflict, erroneous survey,
or illegal sale or if a patent is issued for land and is later
canceled, the comptroller, on proper proof, may issue his warrant
to the proper parties for amounts paid in good faith to the State
Treasury for taxes, lease payments, or purchase payments on this
land.
(b) Proof of these good-faith payments may be shown by the
certificate of the commissioner if the records of the land office
show that a patent cannot be issued because of conflict, erroneous
survey, or illegal sale or that a patent has been canceled.
(c) The provisions of this section do not apply to surveys
on which the errors may be corrected.
Acts 1977, 65th Leg., p. 2437, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.253. CORRECTED PATENT. (a) An owner of land in
one or more patented surveys may apply to the General Land Office
for a corrected patent to correct scriveners' errors or obvious
errors in the field note description of the original patent as
determined by the commissioner. The application must clearly
identify the error in the original patent.
(b) The General Land Office may adopt rules relating to the
implementation and operation of this section, including rules
requiring the payment of reasonable filing and processing fees by
an applicant for a corrected patent.
Added by Acts 1983, 68th Leg., p. 752, ch. 182, § 1, eff. Sept. 1,
1983.
SUBCHAPTER G. EASEMENTS
§ 51.291. GRANTS OF EASEMENTS. (a) Except as provided
by Subsection (b) of this section, the commissioner may execute
grants of easements for rights-of-way across, through, and under
unsold public school land, the portion of the Gulf of Mexico within
the jurisdiction of the state, the state-owned riverbeds and beds
of navigable streams in the public domain, and all islands,
saltwater lakes, bays, inlets, marshes, and reefs owned by the
state within tidewater limits for:
(1) telephone, telegraph, electric transmission, and
powerlines;
(2) oil pipelines, including pipelines connecting the
onshore storage facilities with the offshore facilities of a
deepwater port, as defined by the federal Deepwater Port Act of 1974
(33 U.S.C.A. Section 1501 et seq.), gas pipelines, sulphur
pipelines, and other electric lines and pipelines of any nature;
(3) irrigation canals, laterals, and water pipelines;
(4) roads; and
(5) any other purpose the commissioner considers to be
in the best interest of the state.
(b) Consent to conduct an activity that would disturb or
remove marl, sand, gravel, shell, or mudshell on or near the surface
of a state-owned riverbed or the bed of a navigable stream in the
public domain may be granted only under Chapter 86, Parks and
Wildlife Code.
(c) Money received by the land office for the grants of
easements through and under the state-owned riverbeds and beds of
navigable streams in the public domain shall be deposited in a
special fund account in the state treasury to be used for the
removal or improvement of unauthorized structures on permanent
school fund land. This fund does not impose a duty or obligation on
the state to accept ownership of, remove, or improve unauthorized
structures on permanent school fund land.
Acts 1977, 65th Leg., p. 2438, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 624, § 35, eff. Sept.
1, 1985; Acts 1993, 73rd Leg., ch. 991, § 15, eff. Sept. 1, 1993.
§ 51.292. EASEMENTS AND LEASES FOR CERTAIN
FACILITIES. The commissioner may execute grants of easements or
leases for electric substations, pumping stations, loading racks,
and tank farms to be located on state land other than land owned by
The University of Texas System.
Acts 1977, 65th Leg., p. 2438, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.293. EASEMENTS ON UNIVERSITY LAND. (a) The Board
of Regents of The University of Texas System may continue to execute
all right-of-way easements under authority already granted across
land that belongs to the state but is dedicated to the support and
maintenance of The University of Texas System for telephone,
telegraph, electric transmission, and powerlines, for oil
pipelines, gas pipelines, sulphur pipelines, and other electric
lines and pipelines of any nature, and for irrigation canals,
laterals, and water pipelines.
(b) The board of regents may continue to execute under
authority already granted grants of easements or leases for the
erection and maintenance of electric substations, pumping
stations, loading racks, and tank farms on university land.
(c) In addition to the purposes for which grants of
easements may be executed under Subsections (a) and (b) of this
section, the board of regents may execute grants of easements on
university land for any other purpose it considers to be in the best
interest of the permanent university fund land.
Acts 1977, 65th Leg., p. 2438, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 624, § 36, eff. Sept.
1, 1985.
§ 51.294. FORMS FOR GRANT. Easements granted under
Sections 51.291 through 51.293 of this code shall be granted on
forms approved by the attorney general.
Acts 1977, 65th Leg., p. 2438, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.295. CONDITIONS FOR EASEMENT. Telephone,
telegraph, electric transmission, powerline, and pipeline
right-of-way easements and easements or rights-of-way for
irrigation canals, laterals, and water pipelines shall be executed
on terms to be determined by the commissioner or the board of
regents, but no easement for an oil, gas, or sulphur pipeline or a
telephone, telegraph, electric transmission, or powerline easement
may be granted that does not provide for the annual privilege fee of
not less than two and one-half cents a lineal rod a year.
Acts 1977, 65th Leg., p. 2438, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.296. TERM OF EASEMENTS. (a) Except as provided in
Subsection (b) of this section, no grant of easement or lease
enumerated under Section 51.293 of this code may be granted for a
term that is longer than 10 years, but an easement or lease may be
renewed by the board of regents of The University of Texas System.
The term for easements or leases granted under Sections 51.291 and
51.292 of this subchapter may be for any term the commissioner deems
to be in the best interest of the state.
(b) The commissioner by rule shall set the amount of and
shall collect money for damages to the surface of land dedicated to
the permanent school fund.
(c) Money collected for surface damages shall be deposited
in the special fund account described in Section 52.297 of this
code.
(d) A right-of-way easement for a pipeline connecting
onshore storage facilities with the offshore facilities of a
deepwater port, as defined by the Deepwater Port Act of 1974 (33
U.S.C.A. Section 1501 et seq.), may be granted for a term coincident
with the term of the license issued by the secretary of
transportation pursuant to the Deepwater Port Act of 1974 (33
U.S.C.A. Section 1501 et seq.), and the easement may be renewed for
additional terms of up to 10 years coincident with the term for each
renewal of the license.
Acts 1977, 65th Leg., p. 2439, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 624, § 37, eff. Sept.
1, 1985; Acts 1987, 70th Leg., ch. 208, § 7, eff. Aug. 31, 1987.
§ 51.297. RECORDING EASEMENTS. (a) Each easement
granted under Sections 51.291 through 51.293 of this code shall be
recorded in the county clerk's office of the county in which the
land is located, and the recording fee shall be paid by the person
who obtains the easement.
(b) The person who obtains an easement under Sections 51.291
and 51.292 of this code shall furnish to the commissioner a
certified copy of the easement. The person who obtains an easement
under Section 51.293 of this code shall furnish to the board of
regents of The University of Texas System a certified copy of the
easement.
Acts 1977, 65th Leg., p. 2439, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 923, § 12, eff. Aug.
26, 1985; Acts 1987, 70th Leg., ch. 208, § 12, eff. Aug. 31,
1987.
§ 51.298. ANNUAL PRIVILEGE FEE. (a) A person who
occupies or uses any unsold public school land, any islands,
saltwater lakes, bays, inlets, marshes, or reefs owned by the state
within tidewater limits, any portion of the Gulf of Mexico within
the jurisdiction of the state, or any unsold public land dedicated
to The University of Texas System as a right-of-way for a telephone,
telegraph, electric transmission, or powerline, for an oil
pipeline, gas pipeline, or sulphur pipeline, or for an irrigation
canal, lateral, or water pipeline shall pay annually in advance to
the commissioner an amount equal to two and one-half cents a lineal
rod a year for each rod of telephone, telegraph, electric
transmission, or powerline, or each rod of oil or gas pipeline.
(b) The annual privilege fee shall be paid by those persons
who have not previously paid this fee on all oil pipelines, gas
pipelines, and telephone, telegraph, electric transmission, and
powerlines that are in existence and located on public land
mentioned in Subsection (a) of this section.
(c) The fee shall be paid annually unless the grant of the
easement makes some other provision.
(d) A higher annual privilege fee may be set by contract
between the authorized officials and the grantee of the easement.
Acts 1977, 65th Leg., p. 2439, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.299. FEES FOR CERTAIN FACILITIES. The rent to be
charged for an easement or lease for an electric substation site,
pumping station, loading rack, tank farm, or road or for an easement
for a purpose not specifically listed by Section 51.291, 51.292, or
51.293 of this code but granted in the best interest of the state or
the permanent university fund land shall be an amount agreed to
between the lessee and the board of regents with respect to
university land and the commissioner with respect to other state
land.
Acts 1977, 65th Leg., p. 2439, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 624, § 38, eff. Sept.
1, 1985.
§ 51.2995. WAIVER OR REDUCTION OF EASEMENT FEES IN
CERTAIN CIRCUMSTANCES. The commissioner may waive or reduce an
easement fee if the easement granted is to improve the
infrastructure of the land, including production and
transportation of alternative or renewable energy resources.
Added by Acts 2003, 78th Leg., ch. 280, § 27, eff. June 18, 2003.
§ 51.300. DISPOSITION OF INCOME. Income received by the
commissioner under this subchapter from public school land shall be
credited to the permanent school fund, and income received from
university land shall be credited to the available university fund.
Other income received by the commissioner on other land under this
subchapter shall be credited to the General Revenue Fund.
Acts 1977, 65th Leg., p. 2439, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 328, § 5, eff. Jan. 1,
2004.
§ 51.301. INTEREST ON PAST-DUE PAYMENTS. (a) Payments
under this subchapter that are past due shall bear interest at a
rate of 10 percent a year.
(b) If no date for payment is provided in the contract or if
no written contract has been executed, the unpaid annual fees shall
bear interest at a rate of 10 percent calculated from January 1
following the year for which the annual privilege fee was due.
Acts 1977, 65th Leg., p. 2440, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 51.302. PROHIBITION AND PENALTY. (a) No person may
construct or maintain any structure or facility on land owned by the
state, nor may any person who has not acquired a proper easement,
lease, permit, or other instrument from the state as required by
this chapter or Chapter 33 of this code and who owns or possesses a
facility or structure that is now located on or across state land
continue in possession of the land unless he obtains from the
commissioner, the board, or the board of regents an easement,
lease, permit, or other instrument required by this chapter or
Chapter 33 of this code for the land on which the facility or
structure is to be constructed or is located.
(b) A person who constructs, maintains, owns, or possesses a
facility or structure on state land without a proper easement or
lease from the state under this chapter or under Chapter 33 of this
code is liable for a penalty of not less than $50 or more than $1,000
a day for each day that a violation occurs. The penalty shall be
recovered by the commissioner under Section 51.3021 of this code or
in a civil action by the attorney general.
(c) A person who owns, maintains, or possesses an
unauthorized facility or structure is, for purposes of this
section, the person who last owned, maintained, or possessed the
facility or structure.
(d) The commissioner or attorney general may also recover
from a person who constructs, maintains, owns, or possesses a
facility or structure on state land without the proper easement the
costs to the state of removing that facility or structure under
Section 51.3021 of this code.
(e) Penalties and costs recovered under this section shall
be deposited in the special fund established under Sections 52.297
and 53.155 of this code.
(f) This section is cumulative of all other applicable
penalties or enforcement provisions of this code.
(g) In lieu of seeking administrative penalties or removal
of the facility or structure under Section 51.3021 of this code, the
commissioner may elect to accept ownership of the facility or
structure as a fixture and may exercise the state's rights as owner
of the facility or structure by filing notice of such ownership in
the real property records of the county in which the facility or
structure is located. For facilities or structures located on
coastal public land and connected with the ownership of adjacent
littoral property, notice of ownership shall be filed in the county
in which the adjacent littoral property is located.
Acts 1977, 65th Leg., p. 2440, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 624, § 39, eff. Sept.
1, 1985; Acts 1991, 72nd Leg., ch. 465, § 1, eff. June 11, 1991;
Acts 1993, 73rd Leg., ch. 991, § 16, eff. Sept. 1, 1993; Acts
2003, 78th Leg., ch. 280, § 28, eff. June 18, 2003.
§ 51.3021. REMOVAL OF FACILITY OR STRUCTURE BY
COMMISSIONER. (a) The commissioner may remove and dispose of a
facility or structure on land owned by the state if the commissioner
finds the facility or structure to be:
(1) without the proper easement or lease from the
state under Chapter 33 or 51 of this code; or
(2) an imminent and unreasonable threat to public
health, safety, or welfare.
(b) Before the commissioner may remove a facility or
structure under this section or impose a penalty under Section
51.302 of this code, the commissioner must give written notice to a
person who is constructing, maintains, owns, or possesses the
facility or structure. The notice must state:
(1) the specific facility or structure that is without
proper easement or lease or that threatens public health, safety,
or welfare;
(2) that the person who is constructing, maintains,
owns, or possesses the facility or structure shall remove the
facility or structure:
(A) not later than the 30th day after the date on
which the notice is served, if the facility or structure is on state
land without a proper lease or easement; or
(B) within a reasonable time specified by the
commissioner if the facility or structure is an imminent and
unreasonable threat to public health, safety, or welfare;
(3) that failure to remove the facility or structure
may result in liability for a penalty under Section 51.302(b) of
this code in an amount specified, removal by the commissioner and
liability for the costs of removal, attachment of a lien to the
adjacent littoral property to secure payment of the penalty and
costs of removal, or any combination of such remedies; and
(4) that the person who is constructing, maintains,
owns, or possesses the facility or structure may submit, not later
than the 30th day after the date on which the notice is served,
written request for a hearing.
(c) The notice required by Subsection (b) of this section
must be given:
(1) by service in person or by registered or certified
mail, return receipt requested; or
(2) if personal service cannot be obtained or the
address of the person responsible is unknown, by posting a copy of
the notice on the facility or structure and by publishing notice in
a newspaper with general circulation in the county in which the
facility or structure is located two times within 10 consecutive
days.
(d) The commissioner by rule shall adopt procedures for a
hearing under this section.
(e) The commissioner must grant a hearing if a hearing is
requested. A person who does not timely request a hearing waives
all rights to judicial review of the commissioner's findings or
orders and shall immediately remove the facility or structure and
pay any penalty assessed. If a hearing is held, the commissioner
shall issue a final order concerning removal of the facility or
structure and payment of a penalty.
(f) The trial courts of this state shall give preference to
an appeal from a final order of the commissioner under this section
as provided by Section 23.101(a), Government Code.
(g) The commissioner may contract for the removal and
disposal of a facility or structure under this section and may pay
the costs of removal from the special fund established under
Sections 52.297 and 53.155 of this code or from funds appropriated
by the legislature.
(h) If the person who is constructing, maintains, owns, or
possesses the facility or structure does not pay assessed
penalties, removal costs, and other assessed fees and expenses not
later than the 60th day after the entry of a final order assessing
the penalties, costs, and expenses, the commissioner may:
(1) sell salvageable parts or attachments of the
facility or structure to offset those costs;
(2) record a lien, in the total amount of the
penalties, costs, and other fees and expenses assessed, against the
adjacent littoral property;
(3) request the attorney general to institute civil
proceedings to collect the penalties, costs of removal, and other
fees and expenses remaining unpaid; or
(4) use any combination of the remedies prescribed by
this subsection, or other remedies authorized by law, to collect
the unpaid penalties, costs of removal, and other fees and expenses
assessed on account of the unauthorized facility or structure on
state land and its removal by the commissioner.
(i) The lien authorized by this section arises and attaches
at the time a notice of lien is recorded and indexed in the real
property records in the county where the adjacent littoral property
is located. The notice of lien must contain a legal description of
the adjacent littoral property, the name of the owner of the
adjacent littoral property, if known, and the total amount of the
penalties, costs, and other fees. The lien is subordinate to the
rights of prior bona fide purchasers or lienholders on the adjacent
littoral property.
(j) The decision to remove a facility or structure under
this section is discretionary with the commissioner. This section
does not impose a duty on the state to remove a facility or
structure or to remedy or warn of a hazardous condition on state
land.
Added by Acts 1991, 72nd Leg., ch. 465, § 2, eff. June 11, 1991.
Amended by Acts 1993, 73rd Leg., ch. 991, § 17, eff. Sept. 1,
1993.
§ 51.303. VENUE. The venue for suits by or against the
state under Sections 51.291 through 51.3021 of this code or for
violation of provisions of Sections 51.291 through 51.302 of this
code shall be in Travis County.
Acts 1977, 65th Leg., p. 2440, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 465, § 3, eff. June
11, 1991.
§ 51.304. EASEMENTS FOR SOIL CONSERVATION AND FLOOD
PREVENTION. The commissioner may execute grants of easements on
unsold public school land to conservation and reclamation districts
for soil conservation and flood prevention projects authorized by
the Watershed Protection and Flood Pr
