By: Sims S.B. No. 964
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the location, survey, sale, and lease of vacant and
1-2 unsurveyed public school land and certain public boundaries and
1-3 related fees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 51, Texas Natural Resources
1-6 Code, is amended to read as follows:
1-7 Sec. 51.171. SALE AND LEASE OF VACANT LAND. (a) Vacant and
1-8 unsurveyed public school land <except riverbeds, channels, islands,
1-9 lakes, and other areas within tidewater limits> shall be located,
1-10 sold, and leased under the provisions of this subchapter<.>, except
1-11 the following:
1-12 (1) submerged lands within tidewater limits,
1-13 (2) all islands, flats, and emergent lands within
1-14 tidewater limits,
1-15 (3) natural lakes,
1-16 (4) riverbeds, including channels and islands therein,
1-17 above tidewater limits.
1-18 (b) Nothing in this subchapter shall be construed to alter
1-19 or diminish the status of the surface estate of riverbeds,
1-20 channels, and islands therein located above tidewater limits as
1-21 public domain.
1-22 Sec. 51.172. DEFINITIONS. In this subchapter:
1-23 (1) <(3)> "Applicant" means any person<, other than a
2-1 good-faith claimant,> who <discovers and> files an application <to
2-2 purchase or lease a vacancy>. "Applicant" may include a good faith
2-3 claimant.
2-4 (2) "Application" means an application to purchase or
2-5 lease a vacancy under the provisions of this subchapter.
2-6 (3) <(1)> "Good-faith claimant" <and "claimant"> means
2-7 any person who:
2-8 (A) <who> occupies or uses <or has previously
2-9 occupied or used> or whose predecessors in interest have occupied
2-10 or used a vacancy for purposes other than exploring for or removing
2-11 oil, gas, sulphur, <or> other minerals, or geothermal resources
2-12 from the vacancy<.> or leasing or otherwise conveying to any person
2-13 any purported right to explore for or remove oil, gas, sulphur,
2-14 other minerals, or geothermal resources from the vacancy; and
2-15 (B) <who> has, <himself> or whose predecessors
2-16 in interest have, had the vacancy enclosed or within definite
2-17 recognized boundaries and in possession for a period of <10> ten or
2-18 more years with a good-faith belief that the vacancy was included
2-19 within <inside> the boundaries of <the> a survey or surveys that
2-20 <were> was previously titled, awarded, or sold under circumstances
2-21 that would have vested title in the vacancy if it were actually
2-22 located within the boundaries of <the> such survey or surveys
2-23 <whose boundaries are recognized boundaries in the community.>; or
2-24 (C) is the owner of land adjoining a vacancy on
2-25 which no application has previously been filed.
3-1 (D) A person holding under a good faith claimant
3-2 or entitled to a distributive share of any title acquired under an
3-3 application made by a good faith claimant, as defined in this
3-4 section.
3-5 (4) "Interest" means all rights and titles in and to
3-6 real property, whether affecting the surface, subsurface, or
3-7 mineral estate, including, without limitation, fee simple title, a
3-8 determinable fee created under a mineral lease or conveyance or
3-9 otherwise, royalty, non-participating royalty, and overriding
3-10 royalty interests, remainder and reversionary interests, and
3-11 interests arising under liens.
3-12 (5) "Interested person" means:
3-13 (A) any person who may own or who claims any
3-14 interest in land claimed to be vacant or in any lands adjoining or
3-15 overlapping the same as can be determined from the records of the
3-16 General Land Office, the records of the county clerk's office, and
3-17 the tax records of the county or counties in which the land claimed
3-18 to be vacant is located;
3-19 (B) any other person asserting any right to or
3-20 interest in the land claimed to be vacant known to the person
3-21 filing the application or whose identity could be ascertained by
3-22 the person filing the application with the exercise of reasonable
3-23 diligence;
3-24 (C) the attorney general; and
3-25 (D) the applicant.
4-1 (6) <(2)> "Vacancy" means an area of unsurveyed public
4-2 school land that:
4-3 (A) is not in conflict on the ground with land
4-4 previously titled, awarded, or sold;
4-5 (B) has not been listed on the records of the
4-6 General Land Office <land office> as public school land; and
4-7 (C) was, on the date of filing of an
4-8 application:<, neither>
4-9 (i) not subject to an earlier subsisting
4-10 application <to purchase or lease> by <a discoverer> an applicant
4-11 or good faith claimant, and/or < nor involved in>
4-12 (ii) not the subject of pending litigation
4-13 brought by the state to recover the land.
4-14 Section 51.173. Application. (a) The filing of an
4-15 application commences a proceeding under this subchapter. An
4-16 applicant shall file an application with the county surveyor of the
4-17 county in which all or part of the land claimed to be vacant is
4-18 located. If the county does not have a county surveyor, the
4-19 application shall be filed with the county clerk.
4-20 (b) In the application, the applicant shall:
4-21 (1) describe the land that is claimed to be vacant;
4-22 (2) state whether the person filing the application is
4-23 filing as a good faith claimant;
4-24 (3) state whether the person filing the application
4-25 seeks to purchase the vacancy or obtain a mineral lease thereon;
5-1 (4) state the name and last known address of all
5-2 interested persons; and
5-3 (5) provide any other information that the
5-4 commissioner may require by rule.
5-5 (c) The commissioner shall set the amount of the filing fee
5-6 for the application by rule, which amount shall not be less than
5-7 five dollars. The applicant shall pay the prescribed amount to the
5-8 county surveyor or county clerk at the time the application is
5-9 filed.
5-10 (d) The county surveyor or county clerk shall file mark the
5-11 exact date and hour of filing on the original and a duplicate copy
5-12 of the application and shall return one copy to the person filing
5-13 the application. The other copy shall be recorded in a book kept
5-14 for that purpose separate from the deed or real property records.
5-15 (e) The time of filing of the application under this section
5-16 shall establish the priority among applications covering the same
5-17 land claimed to be vacant, and shall be determined by the county
5-18 surveyor's or county clerk's file mark.
5-19 Sec. 51.174 Filing Application with the Commissioner.
5-20 <PURCHASE OF VACANCY BY ADJOINING LANDOWNER.><If the owner of the
5-21 land adjoining an alleged vacancy files an application to purchase
5-22 the vacancy and no application to purchase or lease the vacancy has
5-23 been previously filed, the owner of the adjoining land, who
5-24 otherwise qualifies as a good-faith claimant, shall be considered a
5-25 good-faith claimant regardless of the length of time he has owned
6-1 the adjoining land or has enclosed the vacancy or has had it within
6-2 definite recognized boundaries and in possession with the belief
6-3 that the vacancy was included within his survey.>
6-4 (a) The person filing an application shall file the file
6-5 marked copy of the application with the commissioner within ten
6-6 days after the application is filed with the county surveyor. At
6-7 the same time, the applicant shall pay to the commissioner a filing
6-8 fee set by the commissioner by rule in an amount not less than one
6-9 hundred dollars. In the event that the tenth day falls on a
6-10 Saturday, Sunday, or state or federal holiday, the application will
6-11 be considered timely filed if filed on the next regular business
6-12 day following the Saturday, Sunday, or state or federal holiday.
6-13 (b) The commissioner shall cause the date of filing to be
6-14 marked on the application and assign the application a file number.
6-15 (c) Failure to file the application with the commissioner in
6-16 the time provided in this section and to pay the filing fee
6-17 constitutes a waiver of all rights under that application.
6-18 (d) The commissioner may refuse to accept for filing an
6-19 application that has material omissions, fails to describe the land
6-20 claimed to be vacant in a manner such that it could be located on
6-21 the ground, or describes as land claimed to be vacant land that has
6-22 been finally adjudicated in the courts of this state or of the
6-23 United States not to be vacant.
6-24 Sec. 51.175. DEPOSIT. <APPLICATION TO PURCHASE OR LEASE A
6-25 VACANCY.> <(a) An applicant who claims that a vacancy exists and
7-1 who desires to purchase or lease the vacancy shall file with the
7-2 county surveyor in the county in which any part of the vacancy is
7-3 located a sworn written application in duplicate to purchase or
7-4 lease the vacancy.>
7-5 <(b) The application shall:>
7-6 <(1) describe the land that is claimed to be vacant;>
7-7 <(2) state the desire of the applicant to purchase or
7-8 lease the land under the provisions of this chapter;>
7-9 <(3) give the names and addresses of any owners or
7-10 claimants of land or any interest in land or of leases on,
7-11 adjoining, overlapping, or including the land claimed to be vacant
7-12 as far as can be determined from the records of the land office and
7-13 the county clerk's office in the county in which the land is
7-14 located and the tax records of the county in which the land is
7-15 located;>
7-16 <(4) give the names and addresses of any persons who,
7-17 from facts known to the applicant, assert any right to the alleged
7-18 vacant land; and>
7-19 <(5) state that the applicant knows of no other
7-20 claimants than those listed.>
7-21 (a) When the applicant is not a good faith claimant, the
7-22 commissioner shall estimate the costs of proceeding under the
7-23 application, including in such estimate the costs of a survey
7-24 conducted by a Licensed State Land Surveyor or the county surveyor,
7-25 the preparation of copies and working sketches by the General Land
8-1 Office, the mailing and/or publication of notices and copies, and
8-2 other such costs, other than the allocable costs of salaries and
8-3 overhead expended by the General Land Office in actually conducting
8-4 any hearing and preparing orders and proposals for decision.
8-5 (b) The commissioner shall notify the applicant in writing
8-6 of such estimated costs and the applicant shall make a deposit with
8-7 the commissioner in the amount of the estimated costs.
8-8 (c) If at any time the commissioner determines that the
8-9 funds on deposit are insufficient to pay the costs of the
8-10 proceeding, the commissioner shall make an estimate of the amount
8-11 required and notify the applicant in writing to make a supplemental
8-12 deposit of the estimated amount.
8-13 (d) The applicant shall make all deposits or supplemental
8-14 deposits within thirty days of the date of the written notice to
8-15 make such deposits. The commissioner shall cancel the application
8-16 upon the failure of the applicant to make such deposits.
8-17 Cancellation terminates all rights arising under the canceled
8-18 application.
8-19 Sec. 51.176. APPEAL OF AMOUNT OF DEPOSIT. <FILING FEE.>
8-20 <At the time the application is filed, the applicant shall pay to
8-21 the county surveyor a filing fee set by the board of not less than
8-22 $5.>
8-23 (a) The applicant may appeal the estimated cost or
8-24 supplemental cost determined by the commissioner in the manner
8-25 provided for the appeal of agency decisions under the
9-1 Administrative Procedure and Texas Register Act, art. 6252-13a,
9-2 Tex. Rev. Civ. Stat.
9-3 (b) If the applicant fails to pay the amount determined by
9-4 the district court within fifteen days after the judgment of the
9-5 district court becomes final and nonappealable, the commissioner
9-6 shall cancel the application. Cancellation terminates all rights
9-7 arising under the canceled application.
9-8 Sec. 51.177. DISPOSITION OF DEPOSITS. <FILING APPLICATION
9-9 WITH COUNTY.> <(a) The county surveyor shall mark the exact date
9-10 and hour of filing on the original and duplicate copy of each
9-11 application and shall return one copy of the application to the
9-12 applicant and shall record the other copy in a book kept for that
9-13 purpose.>
9-14 <(b) If the county does not have a county surveyor, the
9-15 preliminary filing of the application shall be with the county
9-16 clerk. The county clerk shall record the application in a book
9-17 kept for that purpose and not in the deed records.>
9-18 (a) The commissioner shall deposit all deposits and
9-19 supplemental deposits required to be made under this subchapter to
9-20 a separate trust account in the Treasury from which the treasurer
9-21 shall make disbursements as authorized by this subchapter upon the
9-22 commissioner's order.
9-23 (b) Upon conclusion of the proceedings under an application
9-24 and payment of all expenditures authorized under this subchapter,
9-25 the commissioner shall provide a complete statement of all deposits
10-1 and expenditures to the applicant and remit to the applicant any
10-2 balance remaining from the deposit or supplemental deposits made by
10-3 the applicant.
10-4 Sec. 51.178. APPOINTMENT OF SURVEYOR. <FILING APPLICATION
10-5 WITH COMMISSIONER.> <(a) Within 10 days after the application is
10-6 filed with the county surveyor, the copy of the application that is
10-7 returned to the applicant shall be filed with the commissioner.>
10-8 <(b) The commissioner shall mark the date of filing on the
10-9 application.>
10-10 <(c) The applicant shall pay to the commissioner a filing
10-11 fee set by the commissioner in an amount not less than $100.>
10-12 <(d) Failure to file the application with the commissioner
10-13 in the time provided by this section and to pay the filing fee
10-14 constitutes a waiver of all rights under the application.>
10-15 <(e) As between applicants, priority dates from the time of
10-16 filing the application with the county surveyor.>
10-17 (a) Within sixty days of the payment of the required
10-18 deposit, the commissioner shall appoint a licensed state land
10-19 surveyor or the county surveyor of the county in which all or a
10-20 part of the land claimed to be vacant is located to make a survey
10-21 of the land claimed to be vacant.
10-22 (b) The fees and expenses paid for the survey shall be the
10-23 same as provided by law, and, if the fees and expenses are not
10-24 provided by law, the commissioner and surveyor shall make an
10-25 agreement as to the fees and expenses reasonable for the work
11-1 performed.
11-2 (c) The fees and expenses shall be paid by the applicant,
11-3 who shall make deposits or supplementary deposits for the same as
11-4 required by this subchapter.
11-5 Sec. 51.179. NOTICE TO INTERESTED PERSONS. <DEPOSIT.>
11-6 <(a) The commissioner shall notify the applicant by letter of the
11-7 estimated cost of proceeding under the application, and within 30
11-8 days after the date of the commissioner's letter, the applicant
11-9 shall make a deposit with the commissioner to pay the cost of the
11-10 work that may be necessary to comply with the request contained in
11-11 the application.>
11-12 <(b) On failure to make the deposit required under this
11-13 section, all rights under the application are lost.>
11-14 (a) Not later than ten days after appointing the surveyor,
11-15 the commissioner shall issue notice to all interested persons at
11-16 the their last known address by certified mail, return receipt
11-17 requested. The notice shall state that a vacancy application has
11-18 been made, the name, address, and telephone number of the surveyor
11-19 appointed to conduct the survey, that the survey may commence at
11-20 any time after the twentieth day after the date of the notice, and
11-21 that any interested party is entitled to observe the conduct of the
11-22 survey, to receive a copy of the final survey report and other
11-23 documents filed by the surveyor, and participate in the vacancy
11-24 proceeding. A true and legible copy of the application shall be
11-25 attached to the notice. The notice may also contain such other
12-1 information as the commissioner may by rule prescribe.
12-2 (b) In the event that the whereabouts of any interested
12-3 person is unknown or any notice is returned as unclaimed or
12-4 undeliverable, notice by publication shall be made in the form and
12-5 manner prescribed by the Texas Rules of Civil Procedure. If notice
12-6 by publication is made, no survey shall be commenced and no further
12-7 proceedings shall be held until thirty days after publication is
12-8 completed. If, however, the applicant, other interested party, or
12-9 the surveyor shows that such delay may materially affect the
12-10 ability to make an accurate survey due to the destruction,
12-11 alteration, or removal of natural features, monuments, or witness
12-12 objects, or for other good cause, the commissioner may order that
12-13 the survey shall proceed. Notice of the request to proceed with
12-14 the survey and of any order issued in response thereto shall be
12-15 provided to all interested parties by first class mail.
12-16 (c) An interested party may waive notice of service by
12-17 filing with the commissioner a sworn affidavit stating the
12-18 interested party's intent to waive notice. The affidavit shall
12-19 state that the person executing the waiver has been provided with a
12-20 true copy of the application filed with the commissioner.
12-21 (d) The affidavit may also state clearly the interested
12-22 party's intent to waive all further notice of the vacancy
12-23 proceedings. If the affidavit so states, it must also state
12-24 prominently and clearly that the interested party is aware that
12-25 waiver of the right to further notice may result in the loss of the
13-1 opportunity to appear and to contest the application.
13-2 (e) The commissioner may by rule prescribe the form and
13-3 specific content of the affidavit, described in this section,
13-4 including any additional information to be set forth therein.
13-5 Sec. 51.180. SURVEY. <INSUFFICIENT DEPOSIT.> <(a) If the
13-6 deposit is insufficient, the applicant shall be requested by letter
13-7 to make a further deposit of an amount determined by the
13-8 commissioner.>
13-9 <(b) If the further deposit is not made within 30 days after
13-10 the date of the letter, work shall be discontinued and the
13-11 application canceled with the cancellation endorsed on the
13-12 application.>
13-13 <(c) On cancellation, the right to purchase or lease the
13-14 vacancy under the application is lost.>
13-15 (a) At any time after the twentieth day following the date
13-16 of the notice, except when notice by publication is required, the
13-17 surveyor appointed shall commence the survey of the land claimed to
13-18 be vacant.
13-19 (b) The surveyor shall prepare and file in the General Land
13-20 Office the following:
13-21 (1) a thorough written report detailing all aspects of
13-22 the survey, including but not limited to record research conducted,
13-23 survey corners recovered in the course of the field survey, and
13-24 details of boundary construction based on recovered corners;
13-25 (2) field notes in the form and content prescribed by
14-1 law, describing the land and the lines and corners surveyed;
14-2 (3) a complete plat depicting in detail the results of
14-3 the survey;
14-4 (4) the names and addresses of all persons who have
14-5 possession of the land described in the application, together with
14-6 a description of the lands occupied by such persons; and
14-7 (5) the names and addresses of all persons who have or
14-8 claim any interest in the land.
14-9 (c) All persons named in the survey report as occupying,
14-10 having or claiming any interest in the land described in the
14-11 application shall be included in the proceeding as interested
14-12 persons and be provided the notice prescribed by this subchapter.
14-13 No application shall be canceled or proceeding terminated because
14-14 of the discovery of any such additional interested parties, unless
14-15 the commissioner finds that the person filing the application
14-16 knowingly and intentionally omitted the names of such persons from
14-17 the application.
14-18 (d) The surveyor's filing shall be made not later than 140
14-19 days from the date of the notice required by Section 51.179, except
14-20 when notice by publication is required and the commissioner has not
14-21 ordered the survey to proceed. In such instance, the surveyor's
14-22 filing shall be made not later than 140 days after the thirtieth
14-23 day following the completion of citation by publication. If the
14-24 commissioner has ordered the survey to proceed, the surveyor's
14-25 filing shall be made not later than 140 days from the date of the
15-1 commissioner's order.
15-2 (e) Upon good cause shown, the commissioner may by written
15-3 order extend the time for the filing of the survey. The order
15-4 shall set out the cause for the extension and shall be included in
15-5 the record. The time for filing shall not be extended by more than
15-6 sixty days by any one order.
15-7 (f) Any interested party at his or her own expense may have
15-8 any surveying done that he or she considers desirable, provided,
15-9 however, that no survey report, plat, or field notes based on a
15-10 survey conducted by any person not qualified by law to conduct
15-11 surveys of public lands in Texas shall be admitted into evidence in
15-12 the vacancy proceeding or filed in the General Land Office.
15-13 (g) The surveyor shall serve a true copy of the survey
15-14 report, field notes, plat, and all other documents filed by the
15-15 surveyor on each interested party, including those named in the
15-16 survey report, by certified mail, return receipt requested, on the
15-17 same day that the survey report is filed in General Land Office.
15-18 The survey report shall include a certificate of the fact of such
15-19 service.
15-20 Sec. 51.181. EXCEPTIONS. <APPEAL OF AMOUNT OF DEPOSIT.>
15-21 <(a) The applicant is entitled to appeal the estimated cost
15-22 determined by the commissioner to a district court in Travis County
15-23 by giving written notice to the commissioner within 15 days after
15-24 receiving the estimated cost from the commissioner as provided in
15-25 Sections 51.179 through 51.180 of this code.>
16-1 <(b) The applicant has 15 days after the district court
16-2 enters its decision in which to pay the amount ordered by the
16-3 court's decision.>
16-4 Any interested party may file exceptions to the survey
16-5 report, field notes, and plat not later than thirty days from the
16-6 date that the survey report is filed in the General Land Office.
16-7 All persons filing exceptions shall serve a true copy on all
16-8 interested parties and the surveyor by certified mail, return
16-9 receipt requested. The exceptions shall include a certificate of
16-10 the fact of such service.
16-11 Sec. 51.182. ADDITIONAL SURVEYING. <DEPOSITS AS TRUST
16-12 FUND.> <Deposits provided under Sections 51.179 through 51.180 of
16-13 this code shall be a special trust fund to be used only for the
16-14 purpose authorized by this subchapter.>
16-15 The commissioner or the staff of the General Land Office may
16-16 consult with the surveyor and the commissioner may, upon notice to
16-17 the interested parties, direct the surveyor to conduct such
16-18 additional surveying and investigation as the commissioner may deem
16-19 necessary and to prepare such supplemental reports, plats, and
16-20 field notes as the commissioner may require. The surveyor shall
16-21 provide copies of all such reports, plats, field notes, and other
16-22 information resulting from such additional surveying and
16-23 investigation to all interested parties. Interested parties may
16-24 file exception or other responses thereto within twenty days from
16-25 the date of filing. Service of such additional documents and any
17-1 exceptions or responses thereto shall be made in the same manner as
17-2 provided in Sections 51.180 and 51.181.
17-3 Sec. 51.183. ACTION ON APPLICATION. <STATEMENT AND REFUND
17-4 OF REMAINING DEPOSIT.> <As soon as the total expense properly
17-5 charged against the deposit is determined, the commissioner shall
17-6 render a complete statement to the applicant together with any
17-7 balance remaining from the deposit.>
17-8 (a) Within ninety days after the surveyor's filing of the
17-9 survey report and other documents required to be filed, the
17-10 commissioner shall either deny the application as provided in
17-11 Section 51.184 or commence a hearing to determine whether a vacancy
17-12 exists.
17-13 (b) Except as otherwise provided in this subchapter with
17-14 respect the application of certain good faith claimants, the
17-15 commissioner cannot find that a vacancy exists unless a hearing is
17-16 held.
17-17 (c) The commissioner shall decide all issues raised or that
17-18 could be raised by the application and any exceptions or responses
17-19 thereto, including, without limitation, the existence of a vacancy,
17-20 the boundaries of a vacancy, and the status and rights of any
17-21 interested person as a good faith claimant or prior applicant.
17-22 (d) The commissioner shall not decide any claim of the state
17-23 or permanent school fund for damages arising from trespass, the
17-24 removal or use of minerals or geothermal resources, mispayment of
17-25 proceeds from the sale or use of minerals or geothermal resources,
18-1 damages to the soil, vegetation, or other life or habitat, and
18-2 similar or related claims in the proceeding held pursuant to the
18-3 filing of the application. Such claims may be asserted by the
18-4 commissioner either in administrative proceedings under rules
18-5 promulgated by the commissioner or through suit brought by the
18-6 attorney general upon the request of the commissioner.
18-7 (e) No evidence or testimony regarding the existence or
18-8 extent of mineral development or other economic use of any land
18-9 claimed to be vacant shall be introduced or considered, except as
18-10 the same may be relevant to determine the existence or boundaries
18-11 the alleged vacancy or the status of any person as a good faith
18-12 claimant.
18-13 Sec. 51.184. DENIAL OF APPLICATION. <NOTICE OF INTENTION TO
18-14 SURVEY.> <(a) After the application is filed with the
18-15 commissioner and the deposit is made, the commissioner shall mail a
18-16 notice of intention to survey to all persons named as interested
18-17 persons in the application at the addresses provided in the
18-18 application and to the attorney general.>
18-19 <(b) The notices shall be deposited in the post office in
18-20 Austin at least 10 days before the date set for the beginning of
18-21 the survey.>
18-22 (a) If, after reviewing the survey report, any supplemental
18-23 reports, any exceptions thereto, the records of the General Land
18-24 Office and the State Archives and the recommendations of the staff
18-25 of the General Land Office, the commissioner decides that the area
19-1 alleged to be vacant is not vacant, the commissioner may enter an
19-2 order denying the application. The order shall contain findings of
19-3 fact, conclusions of law, and such other matters as the
19-4 commissioner may deem appropriate.
19-5 (b) The commissioner shall promptly provide a true copy of
19-6 the order denying the application to the applicant by certified
19-7 mail, return receipt requested.
19-8 (c) The commissioner shall cause the original order, all
19-9 materials filed by the surveyor, all exceptions and responses to
19-10 the surveyor's filings, all memoranda provided to the commissioner
19-11 by the staff of the General Land Office, a list of all files and
19-12 records of the General Land Office and State Archives examined by
19-13 the staff or commissioner in connection with the application, and
19-14 all other relevant papers to be filed in the file assigned to the
19-15 application.
19-16 (d) Any interested party may request a rehearing and appeal
19-17 the commissioner's order in the manner provided under the
19-18 Administrative Procedures and Texas Register Act, art. 6252-13a,
19-19 Tex. Rev. Civ. Stat. and rules promulgated by the commissioner. If
19-20 rehearing is not requested, the order becomes final thirty days
19-21 after the date it is signed. If rehearing is requested and denied,
19-22 the order becomes final when the time for appeal to the district
19-23 court has expired. In the event that appeal is taken, the order
19-24 becomes final when any judgment disposing of the order becomes
19-25 final.
20-1 (e) When the commissioner's order denying the vacancy
20-2 becomes final, all rights created by the application become null
20-3 and void.
20-4 Sec. 51.185. EFFECT OF FINAL ORDER. <APPOINTMENT OF
20-5 SURVEYOR.> <(a) The commissioner shall appoint a surveyor to make
20-6 the survey in accordance with the notice of intention to survey.>
20-7 <(b) The surveyor shall be a surveyor licensed by the state
20-8 or the county surveyor of the county in which the vacancy or part
20-9 of the vacancy is located.>
20-10 (a) A final order of the commissioner under this subchapter
20-11 shall be conclusive with respect to the land described in the
20-12 application. A final order of the commissioner shall not have the
20-13 effect of stare decisis, provided, however, that a final decision
20-14 of the Supreme Court of Texas or the Supreme Court of the United
20-15 States upon an appeal of an order of the commissioner may have
20-16 stare decisis effect as in other cases.
20-17 (b) Neither the cancellation, withdrawal, abandonment, or
20-18 termination of an application or the refusal of the commissioner to
20-19 accept an application for filing, nor the order or judgment of any
20-20 court resulting in or affecting the same, shall have any binding
20-21 effect or be deemed to be res adjudicata or stare decisis with
20-22 respect to whether any of the land described in the application is
20-23 or is not vacant.
20-24 (c) No decision of the commissioner issued prior to
20-25 September 1, 1993, denying a vacancy application or letter of
21-1 inquiry shall be conclusive as to the existence or non-existence of
21-2 a vacancy.
21-3 Sec. 51.186. RULEMAKING; VENUE OF APPEALS. <SURVEY REPORT.>
21-4 <(a) Except as provided in Subsection (b) of this section, a
21-5 written report of the survey, together with field notes describing
21-6 the land and the lines and corners surveyed and a plat showing the
21-7 results of the survey, shall be filed in the land office within 120
21-8 days from the filing of the application.>
21-9 <(b) The commissioner may extend the time for filing the
21-10 survey if good cause is shown. The cause for extension of time
21-11 shall be stated in writing and filed as part of the record of the
21-12 proceedings. An extension of time may not be more than 60 days.>
21-13 <(c) The survey report shall give the names and post-office
21-14 addresses of all persons who have possession of the land described
21-15 in the application and of all persons found by the surveyor who
21-16 have or claim any interest in the land.>
21-17 (a) Hearings under this subchapter and further proceedings
21-18 arising therefrom shall be conducted in accordance with the
21-19 provisions of the Administrative Procedure and Texas Register Act,
21-20 art. 6252-13a, Tex. Rev. Civ. Stat. and rules promulgated by the
21-21 commissioner.
21-22 (b) The appeal of a final order of the commissioner shall be
21-23 to the district court of the county in which the land claimed to be
21-24 vacant or any part thereof is located. The district court shall
21-25 review the commissioner's orders under the substantial evidence
22-1 rule.
22-2 Sec. 51.187. COMMISSIONER'S ORDER. <PERSONAL SURVEY.> <Any
22-3 interested party at his own expense may have any surveying done
22-4 that he considers desirable.>
22-5 (a) If it appears to the commissioner that the alleged
22-6 vacancy is not in conflict with land previously titled, awarded, or
22-7 sold by the state or its predecessor sovereigns, the commissioner
22-8 shall enter an order declaring the existence of a vacancy and
22-9 determining all other issues.
22-10 (b) If it appears to the commissioner that the land alleged
22-11 to be vacant is not vacant, the commissioner shall enter an order
22-12 denying the application and determining all other issues.
22-13 (c) The commissioner shall base the order on the testimony
22-14 and other competent evidence presented at the hearing, the
22-15 surveyor's filings and all supplements thereto, any exceptions or
22-16 responses to the surveyor's filings and all supplements thereto,
22-17 the publicly available records of the General Land Office and the
22-18 State Archives. The commissioner and the examiner or examiners
22-19 designated to conduct hearings on the application may consult with
22-20 the staff of the General Land Office and the surveyor appointed to
22-21 the extent that such consultation is permitted by the Texas
22-22 Register and Administrative Procedures Act, art. 6262-13a, Tex.
22-23 Rev. Civ. Stat. The record shall include a list of the names and
22-24 titles of all staff consulted, a list of the files and documents of
22-25 the General Land Office and State Archives examined, and a copy of
23-1 all memoranda provided to the examiners or commissioner by the
23-2 staff of the General Land Office or the appointed surveyor.
23-3 (d) The order shall contain, in addition to any other matter
23-4 the commissioner deems appropriate, the following:
23-5 (1) findings of fact;
23-6 (2) conclusions of law;
23-7 (3) a field note description of the land, if any,
23-8 found to be vacant, sufficient to locate it on the ground, and
23-9 containing such other elements as are required by law; and
23-10 (4) an accurate plat of the land, if any, found to be
23-11 vacant, such plat being consistent with the field notes and
23-12 prepared either by the appointed surveyor or a Licensed State Land
23-13 Surveyor on the staff of the General Land Office.
23-14 (e) The commissioner's order may adopt, without restating
23-15 them, the findings of fact and conclusions of law set forth in a
23-16 proposal for decision prepared by the appointed examiner or
23-17 examiners, together with any opinion or statement contained in such
23-18 proposal for decision.
23-19 (f) In determining the boundaries and size of any vacancy,
23-20 the commissioner shall not be restricted to any description of the
23-21 land claimed to be vacant whether put forward by the applicant,
23-22 surveyor, or an interested party, but rather the commissioner shall
23-23 adopt the description of any vacancy that best describes such a
23-24 vacancy and is consistent with the information available under this
23-25 section. If in determining the boundaries and size of a vacancy,
24-1 it becomes apparent to the commissioner that persons who have not
24-2 been named as interested persons and have not been served with
24-3 notice of the proceeding under the application may be affected by
24-4 the finding that a vacancy exists at the location and with the
24-5 boundaries believed by the commissioner to conform to the record,
24-6 the proceeding shall be reopened and the persons so affected shall
24-7 be joined as interested parties and afforded the opportunity to
24-8 participate adequately in the proceeding. This subsection shall
24-9 not be construed to require the refiling of an application or the
24-10 conduct of an new survey by the surveyor.
24-11 Sec. 51.188. GOOD FAITH CLAIMANT STATUS. <HEARING AND
24-12 NOTICE.> <(a) Within 60 days after the surveyor makes his report,
24-13 a hearing may be held before the commissioner to determine whether
24-14 or not there is a vacancy.>
24-15 <(b) The date for the hearing shall be provided in the
24-16 notice that the commissioner shall give to all persons thought to
24-17 be interested parties and to all persons shown by the record of the
24-18 proceeding to be interested parties, including the attorney
24-19 general.>
24-20 <(c) The notice of the hearing shall be deposited at the
24-21 post office in Austin at least 10 days before the date set for the
24-22 hearing.>
24-23 <(d) At the hearing, the state and each interested party,
24-24 whether or not he received notice, is entitled to be heard.>
24-25 <(e) The hearing shall be conducted in accordance with the
25-1 provisions of the Administrative Procedure and Texas Register Act
25-2 (Article 6252-13a, Vernon's Texas Civil Statutes).>
25-3 (a) An applicant or interested party who wishes to assert
25-4 status as a good faith claimant may do so by a filing notice of
25-5 claim of good faith status at any time prior to twenty days before
25-6 the commencement of the first hearing before the commissioner. The
25-7 notice of claim of good faith status shall set forth the basis for
25-8 the claim and a description of the land asserted to be affected by
25-9 the good faith status. Such notice shall be filed in the General
25-10 Land Office and served on all interested parties by certified mail,
25-11 return receipt requested.
25-12 (b) The filing of a notice of claim of good faith status is
25-13 not an admission on the part of the person asserting the claim that
25-14 a vacancy exists.
25-15 Sec. 51.189. ORDER WITHOUT NOTICE AND
25-16 HEARING. <DETERMINATION OF VACANCY BY COMMISSIONER.> <(a) If it
25-17 appears to the commissioner that the alleged vacancy is not in
25-18 conflict with land previously titled, awarded, or sold by the
25-19 state, he shall give prompt notice of this finding to the applicant
25-20 and to all persons who were previously identified as interested
25-21 parties.>
25-22 <(b) After the notice is given under Subsection (a) of this
25-23 section, and subject to the preferential right of a good-faith
25-24 claimant, the applicant is entitled for 120 days to purchase or
25-25 lease the portion of the land that is determined to be vacant at a
26-1 price set by the board as provided in this code and with the same
26-2 royalty reservation as provided in Section 51.201 of this code.>
26-3 <(c) No award may be made by the commissioner unless a
26-4 hearing is held and no presumption may obtain in a suit involving
26-5 the existence of a vacancy as a result of the action of the
26-6 commissioner in this respect.>
26-7 (a) An applicant who asserts status as a good faith claimant
26-8 may present evidence to the commissioner that:
26-9 (1) the good faith claimant owns all of the land and
26-10 interests in land completely surrounding the land claimed to be
26-11 vacant,
26-12 (2) there is no subsisting prior application covering
26-13 the land described in the good faith claimant's application,
26-14 (3) no previous application has been made covering the
26-15 land described in the good faith claimant's application, and
26-16 (4) the good faith claimant meets all other
26-17 requirements of a good faith claimant.
26-18 (b) If the commissioner finds that the evidence presented is
26-19 accurate, no further notice shall be required to be sent to any
26-20 person and, upon the acceptance for filing by the commissioner of a
26-21 survey made by a Licensed State Land Surveyor or the county
26-22 surveyor of the county in which the land claimed to be vacant or a
26-23 part thereof is located, the commissioner may enter an order
26-24 declaring the existence of the vacancy and determining the good
26-25 faith status of the applicant.
27-1 (c) For purposes of this section, land claimed to be vacant
27-2 and surrounded by lands owned only by the good faith claimant and
27-3 the state and no others shall be deemed to be surrounded completely
27-4 by land owned by the good faith claimant.
27-5 (d) Two or more persons may jointly apply as good faith
27-6 claimants under this section if together they meet the requirements
27-7 of subsection (a) of this section.
27-8 (e) The commissioner or any person who would have been
27-9 entitled to the status of an interested person under an application
27-10 made under other sections of this subchapter may move to set aside
27-11 an order entered under this section by filing a written motion with
27-12 the commissioner within two years of the date of the order sought
27-13 to be set aside. The person so moving shall serve a true copy of
27-14 the motion by certified mail, return receipt requested, on the
27-15 applicant and all persons holding or claiming under the applicant.
27-16 (f) The commissioner shall set aside an order issued under
27-17 this section finding that a vacancy exists if, after notice and
27-18 hearing the commissioner finds that the person asserting the rights
27-19 granted by this section did not, at the time the order declaring
27-20 the vacancy was entered:
27-21 (1) qualify as a good faith claimant under this
27-22 subchapter;
27-23 (2) own all of the land and interests in land
27-24 surrounding the land claimed to vacant; or
27-25 (3) meet any other material requirement of this
28-1 section.
28-2 (g) If the order is set aside, the commissioner shall reopen
28-3 the proceeding on the application and conduct the reopened
28-4 proceeding in the same manner as proceedings on other applications.
28-5 (h) The issues in a reopened proceeding shall be limited to
28-6 the status of the applicant as a good faith claimant entitled to
28-7 the rights provided under this section and the rights of any other
28-8 party as either an applicant or good faith claimant.
28-9 (i) An application of a good faith claimant not owning all
28-10 of the land and interests in land completely surrounding the land
28-11 claimed to be vacant shall proceed as with other applications.
28-12 Sec. 51.190. SALE OR LEASE OF VACANCY. <PURCHASE OR LEASE
28-13 BY APPLICANT.> <(a) If there is no good-faith claimant or if no
28-14 good-faith claimant exercises his preferential right within the
28-15 time allowed, the applicant is entitled to purchase or lease,
28-16 according to his application, the vacancy for which he made
28-17 application and which is found to exist.>
28-18 <(b) Consideration shall be determined by the board as
28-19 provided in this subchapter, but without consideration of potential
28-20 mineral value.>
28-21 (a) When a vacancy has been established by final order, the
28-22 School Land Board shall have authority to sell or lease the vacancy
28-23 as provided in this subchapter.
28-24 (b) The board shall set the sale price and other terms and
28-25 conditions as in all other sales of other lands dedicated to the
29-1 permanent school fund. The sale price shall not be less than the
29-2 fair market value as determined by an appraisal conducted by the
29-3 General Land Office.
29-4 (c) The fee prescribed in Section 32.110(a) of this code
29-5 applies to all sales and leases made under this subchapter.
29-6 (d) The board may allow a credit against the sale price in
29-7 an amount not to exceed the actual cost of the survey paid by an
29-8 applicant or good faith claimant if:
29-9 (1) the purchaser is a person exercising a
29-10 preferential right to purchase under this subchapter;
29-11 (2) the board has reserved all mineral and geothermal
29-12 leasing rights; and
29-13 (3) the board finds that the fair market value of the
29-14 mineral estate is equal to or exceeds fifty percent of the amount
29-15 of the credit.
29-16 Sec. 51.191. CONDITIONS OF SALE; MINERAL AWARDS. <SUIT TO
29-17 RECOVER LAND.> <A good-faith claimant of a vacant or unsurveyed
29-18 tract of land has 30 days after the sale or lease of the land to
29-19 the applicant to institute suit to set aside the sale or lease of
29-20 the land. If the suit is not instituted within the 30-day period
29-21 by the good-faith claimant, he loses all preferential rights to
29-22 purchase or lease the land.>
29-23 (a) In all sales, the board shall reserve to the permanent
29-24 school fund all oil, gas, sulphur, geothermal resources, and all
29-25 other minerals and shall determine the manner in which such
30-1 minerals and geothermal resources are to be leased.
30-2 (b) Prior to the sale of any vacancy, the General Land
30-3 Office shall prepare and present to the board a study of the
30-4 mineral prospects and value of the vacancy, taking into
30-5 consideration the size and configuration of the vacancy, its
30-6 location with respect to other surrounding and nearby tracts, the
30-7 proximity of mineral production, and the likelihood of future
30-8 mineral leasing and development. The study shall include a
30-9 recommendation as to the most advantageous method to the state by
30-10 which the vacancy could be leased.
30-11 (c) Subject to any subsisting rights held by a good faith
30-12 claimant, other applicant, or any person to whom such rights have
30-13 been assigned, and taking into consideration the study and
30-14 recommendations of the land office, the board shall specify the
30-15 manner in which the vacancy is to be leased from the following:
30-16 (1) retain all leasing rights and provide that the
30-17 vacancy shall be leased as provided in Subchapter B, Chapter 52,
30-18 and Subchapters B and E, Chapter 53, of this Code; or
30-19 (2) provide that the owner of the soil shall be
30-20 designated to execute leases as the agent of the state subject to
30-21 the rights, obligations, and liabilities of Subchapter F, Chapter
30-22 52, and Subchapter C, Chapter 53, of this Code. The board shall
30-23 establish the division of bonus, rental, and royalty between the
30-24 permanent school fund and the owner of the soil. The portion to be
30-25 paid to the owner of the soil shall be not less than twenty
31-1 percent, nor more than fifty percent. The board may establish
31-2 different portions to be paid to the owner of the soil for the
31-3 lease of different substances.
31-4 (d) If the board provides for lease by the owner of the
31-5 soil, the original purchaser is a good faith claimant, and the
31-6 vacancy was established pursuant to an application made by a person
31-7 not a good faith claimant, the board shall award the applicant a
31-8 perpetual non-participating royalty of not less than 1/32 nor more
31-9 than 1/16.
31-10 (e) If the board determines that the state shall retain all
31-11 leasing rights as provided in this section, the board shall award:
31-12 (1) a perpetual 1/32 non-participating royalty to an
31-13 applicant other than a good faith claimant;
31-14 (2) a 1/32 non-participating royalty to a good faith
31-15 claimant purchasing the vacancy.
31-16 (f) In all instances in which the preference right to obtain
31-17 the first mineral lease on the vacancy is exercised, the applicant,
31-18 whether or not a good faith claimant, shall be entitled to a
31-19 royalty credit equal to 1/4 of the royalty retained by the state
31-20 under the lease for a period of five years from the date of first
31-21 production under the first lease awarded.
31-22 Sec. 51.192. PREFERENTIAL RIGHT OF GOOD FAITH
31-23 CLAIMANT. <DENIAL OF VACANCY BY COMMISSIONER.> <(a) If the
31-24 commissioner decides that the area alleged to be vacant is not
31-25 vacant, he shall endorse this decision on the application and file
32-1 it with this finding.>
32-2 <(b) The commissioner shall promptly notify the applicant of
32-3 his decision by registered mail and shall file all reports and
32-4 papers received in connection with the application.>
32-5 <(c) After the commissioner takes all action provided under
32-6 Subsections (a) and (b) of this section, he shall take no further
32-7 action with respect to the application unless the existence of the
32-8 alleged vacancy is determined by a court of competent jurisdiction.>
32-9 <(d) Within 90 days after the commissioner's decision is
32-10 mailed, unless the applicant files suit in a district court in a
32-11 county in which part of the alleged vacancy is located to litigate
32-12 the question of the existence of a vacancy, the applicant's
32-13 application and all preference rights acquired to purchase or lease
32-14 the alleged vacancy become null and void.>
32-15 (a) A good faith claimant shall have a preferential right to
32-16 purchase or lease that portion of a vacancy subject to the good
32-17 faith claim.
32-18 (b) A good faith claimant shall exercise the preferential
32-19 right by filing a notice of intent to purchase or lease not later
32-20 than the ninetieth day after the order establishing the vacancy
32-21 becomes final. The board shall prescribe the form of the notice of
32-22 intent. The good faith claimant shall describe in the notice the
32-23 portion of the vacancy the good faith claimant seeks to purchase or
32-24 lease. The good faith claimant shall mail a copy of the notice to
32-25 any applicant and to all other interested parties asserting status
33-1 as good faith claimants.
33-2 (c) All preferential rights held by a good faith claimant
33-3 shall expire upon the failure of a good faith claimant either to
33-4 file the notice of intent within the time prescribed or to complete
33-5 the purchase or lease within sixty days after the board sets the
33-6 terms of the purchase or lease. The board may, upon a showing of
33-7 good cause, extend the time to complete the purchase or lease for a
33-8 period not exceeding ninety days.
33-9 (d) A good faith claimant exercising a preference right
33-10 shall repay to the applicant the reasonable expenses incurred in
33-11 determining the existence of a vacancy other than filing and
33-12 attorney's fees not later than the date on which the sale or
33-13 purchase by a good faith is completed. The failure to pay such
33-14 expenses shall cancel the preference right of the good faith
33-15 claimant.
33-16 (e) If there is no good faith claimant, an applicant shall
33-17 have the same preference right to lease or purchase as a good faith
33-18 claimant under the procedures set out in this section.
33-19 Sec. 51.193. PREFERENTIAL RIGHT OF APPLICANT OTHER THAN GOOD
33-20 FAITH CLAIMANT. <PREFERENTIAL RIGHT OF GOOD-FAITH CLAIMANT.>
33-21 <(a) A good-faith claimant who ascertains that a vacancy exists or
33-22 that a claimed vacancy may exist or who has been notified by the
33-23 commissioner that a vacancy has been found to exist on land claimed
33-24 by him shall have a preferential right to purchase or lease the
33-25 vacancy at any time until 90 days after a decision of the
34-1 commissioner declaring the existence of a vacancy.>
34-2 <(b) The good-faith claimant may purchase or lease the
34-3 vacancy by submitting a written application to the commissioner for
34-4 the purchase or lease of the vacancy and by furnishing to the
34-5 commissioner satisfactory proof that he is a good-faith claimant.>
34-6 <(c) The good-faith claimant is entitled to purchase or
34-7 lease the portion of the land that is vacant at the price set by
34-8 the board subject to the royalty reservations proved in this
34-9 subchapter which are effective on the date the application is
34-10 filed.>
34-11 (a) Upon the expiration of the preferential rights of a good
34-12 faith claimant to purchase or lease, an applicant who is not a good
34-13 faith claimant shall have a preferential right to purchase or lease
34-14 all or any portion of the vacancy.
34-15 (b) An applicant shall exercise the preferential right by
34-16 filing a notice of intent to purchase or lease not later than the
34-17 ninetieth day after the rights of a good faith claimant expire.
34-18 The board shall prescribe the form of the notice of intent. The
34-19 applicant shall describe in the notice the portion of the vacancy
34-20 the applicant seeks to purchase or lease. The applicant shall mail
34-21 a copy of the notice to all other interested persons asserting
34-22 status as good faith claimants.
34-23 (c) All preferential rights held by an applicant shall
34-24 expire upon the failure of the applicant either to file the notice
34-25 of intent within the time prescribed or to complete the purchase or
35-1 lease within sixty days after the terms of the purchase or lease by
35-2 the board. The board may, upon a showing of good cause, extend the
35-3 time to complete the purchase or lease for a period not exceeding
35-4 ninety days.
35-5 Sec. 51.194. RIGHTS ASSIGNABLE. <TERM OF PREFERENTIAL
35-6 RIGHT.> <A good-faith claimant has a preferential right to
35-7 purchase the land alleged or adjudicated to be vacant until 90 days
35-8 after the final judicial determination of the existence of the
35-9 vacancy.>
35-10 An applicant or good faith claimant may assign all rights in
35-11 a vacancy or land claimed to be vacant in writing. The assignor
35-12 shall record the assignment in the real property records of the
35-13 county or counties in which the land subject to an application is
35-14 located and file a certified copy of the assignment in the General
35-15 Land Office.
35-16 Sec. 51.195. LEASE TERMS UNDER PREFERENCE RIGHTS. <EFFECT
35-17 OF GOOD-FAITH CLAIMANT'S APPLICATION.> <The application of a
35-18 good-faith claimant may not be used or considered as an admission
35-19 on his part that a vacancy exists.>
35-20 The board shall prescribe terms for preferential purchases or
35-21 leases consistent with the provisions of this subchapter. The
35-22 board may not grant a preferential lease with a royalty of less
35-23 than 1/8 on oil, gas, and sulphur, or less than five percent on
35-24 geothermal resources and all other minerals.
35-25 Sec. 51.196. EFFECT OF PRIOR CONVEYANCES. <PROCEDURE FOR
36-1 PURCHASE OR LEASE BY GOOD-FAITH CLAIMANT.> <(a) On the date a
36-2 good-faith claimant's application is filed, if there is no valid
36-3 and subsisting application previously filed by an applicant
36-4 covering the alleged vacancy, the application of the good-faith
36-5 claimant shall be filed and shall be accompanied by:>
36-6 <(1) a filing fee set by the commissioner in an amount
36-7 not less than $1;>
36-8 <(2) a written report of a surveyor licensed by the
36-9 state or by the county surveyor of any county in which all or part
36-10 of the alleged vacancy is located;>
36-11 <(3) field notes describing the land and the lines and
36-12 corners surveyed;>
36-13 <(4) a plat showing the results of the survey; and>
36-14 <(5) any proof that will show to the satisfaction of
36-15 the commissioner that the applicant is a good-faith claimant.>
36-16 <(b) The good-faith claimant may file his application to
36-17 purchase or lease and within 120 days from the date of filing the
36-18 application with the commissioner have a survey made of the alleged
36-19 vacancy and file the report, field notes, and plat in the land
36-20 office together with proof that he is a good-faith claimant.>
36-21 <(c) If it appears to the commissioner that the alleged
36-22 vacancy is not in conflict with land previously titled, awarded, or
36-23 sold by the state, the commissioner shall grant the application
36-24 under the provisions of this subchapter. Before the application is
36-25 granted, the commissioner may hold a hearing at which interested
37-1 persons may appear.>
37-2 (a) No mineral lease, surface lease, deed or other
37-3 conveyance of any nature of any interest in land executed by a good
37-4 faith claimant prior to the completion of a sale or lease under
37-5 this subchapter shall give the grantee thereunder any interest in
37-6 or to the vacancy or the minerals therein.
37-7 (b) No title to land or any interest in land acquired from
37-8 the state under a preferential right shall be held to pass as
37-9 after-acquired title under any covenant of general warranty,
37-10 description, or other provision contained in any conveyance
37-11 executed prior to the date of the completion of a sale or lease
37-12 under this subchapter.
37-13 Sec. 51.197. RULEMAKING AUTHORITY. <FAILURE TO EXERCISE
37-14 PREFERENTIAL RIGHT WITHIN CERTAIN TIME.> <(a) If the good-faith
37-15 claimant does not exercise his preferential right to purchase
37-16 within 90 days after a decision of the commissioner under the
37-17 provisions of this subchapter, the applicant shall be awarded an
37-18 oil, gas, and mineral lease on not more than seven-eighths of the
37-19 minerals.>
37-20 <(b) The consideration for the lease shall not be less than
37-21 $1 an acre, and the lease shall be for a primary term set by the
37-22 board of not more than five years.>
37-23 <(c) The lease shall be subject to other consideration and
37-24 terms required by the board and the preferential right of a
37-25 good-faith claimant until 90 days after final judicial
38-1 determination under Section 51.194 of this code.>
38-2 (a) The commissioner may promulgate rules consistent with
38-3 this subchapter relating to applications to purchase or lease
38-4 vacancies and the determination of the existence of vacancies.
38-5 (b) The board may promulgate rules consistent with this
38-6 subchapter relating to the sale and lease of vacancies.
38-7 SECTION 2. Sections 51.198 through 51.206, Tex. Nat. Res.
38-8 Code, inclusive, are repealed.
38-9 SECTION 3. Section 118.16, Local Government Code, is amended
38-10 to read as follows:
38-11 Sec. 118.161. Fee Schedule. A county surveyor shall collect
38-12 the following fees:
38-13 <(1) Inspecting and recording the field notes and plat
38-14 of a survey for any tract of land:>
38-15 <(A) less than one-third of a league ..... $1.00>
38-16 <(B) one-third of a league ............... $2.00>
38-17 <(C) more than one-third of a league ..... $3.00>
38-18 <(2) Recording surveys and plats required by law to be
38-19 placed on the map of a new county, for each 100 words ....... $0.20>
38-20 <(3) Examination of papers and records in his office
38-21 at the request of any person ................................ $0.25>
38-22 <(4) Copies of all field notes and plats, or other
38-23 papers or records in the office, for each 100 words, including
38-24 certificate ................................................. $0.20>
38-25 <(5) Surveying of any tract of land, including all
39-1 expenses in making the survey, and returning the plat and field
39-2 notes of the survey:>
39-3 <(A) for each English lineal mile actually run
39-4 ............................................................. $3.00>
39-5 <(B) for less than one English lineal mile run
39-6 ............................................................. $2.50>
39-7 <(6) Services in designating a homestead, including
39-8 pay for chain carriers, for each day's service ............. $5.00>
39-9 (a) For recording the field notes and plat of a survey for
39-10 any tract of land, providing copies of field notes, plats or other
39-11 papers or records, and certifying any copies, the same amount
39-12 collected by the county clerk of the county.
39-13 (b) For surveying any tract of land or designating a
39-14 homestead, including all expenses in the making of the survey,
39-15 preparation of a survey report, field notes, plat, and other items
39-16 required by law, and filing the same in the records of the county
39-17 surveyor or the General Land Office, the actual expenses incurred
39-18 and such fees for surveying services as may be agreed upon between
39-19 the county surveyor and the person seeking the services.
39-20 (c) For filing an application to purchase or lease a vacancy
39-21 or for surveying a vacancy, the amounts provided in Subchapter E,
39-22 Chapter 51, Natural Resources Code.
39-23 SECTION 4. Section 72.006(b), Local Government Code, is
39-24 amended to read as follows:
39-25 (b) A surveyor appointed under this chapter is entitled to
40-1 receive <($3 for each mile surveyed)> the actual expenses incurred
40-2 in conducting the survey and such fees for surveying services as
40-3 may be agreed upon between the surveyor and the counties.
40-4 SECTION 5. Section 21.078(a), Natural Resources Code, is
40-5 amended to read as follows:
40-6 (a) The plane coordinate values for a point on the earth's
40-7 surface, to be used in expressing the position or location of the
40-8 point in the appropriate zone, of either system, shall consist of
40-9 two distances, expressed in U. S. Survey Feet and decimals of a
40-10 foot when using the Texas Coordinate System of 1927 and expressed
40-11 either in meters and decimals of a meter or in U. S. Survey Feet
40-12 or decimals of a foot when using the Texas Coordinate System of
40-13 1983.
40-14 SECTION 6. This Act shall become effective on September 1,
40-15 1993.
40-16 SECTION 7. EMERGENCY. The importance of this legislation
40-17 and the crowded condition of the calendars in both houses create an
40-18 emergency and an imperative public necessity that the
40-19 constitutional rule requiring bills to be read on three several
40-20 days in each house be suspended, and this rule is hereby suspended.