SRC-TJG S.C.R. 11 78(R)   BILL ANALYSIS


Senate Research Center   S.C.R. 11
78R3166 MDR-FBy: Zaffirini
Finance
2/24/2003
As Filed


DIGEST

Snowmass, Inc., and Elizabeth S. and Samuel H. Vester, Jr., allege that
they are the owners of mineral interests beneath a tract of land in Zapata
County, Texas, containing  approximately 640 acres, known as the Northwest
1/2 of Section 313, T.G. Bagley Survey, Certificate 1007.  The property
was patented by the State of Texas on March 13, 1945, to Lyle J. Perkins,
under Patent No. 128, Volume 98-A, in which the state reserved as a free
royalty, a one-eighth  royalty on the production of sulfur and other
mineral substances from which sulfur may be derived or produced, and a
one-sixteenth  royalty on the production of all other minerals beneath the
property.  Since the issuance of the patent, various landowners, mineral
owners, and oil and gas companies have relied in good faith on the free
royalty mineral reservation.   

Notwithstanding the free royalty mineral reservation as stated in the
patent, the state now claims that the property is mineral classified and
that the state is the owner of 100 percent of the minerals because of the
judgment of the court in Cause No. 54,731, The State of Texas vs. Lyle J.
Perkins, et al., 98th District Court of Travis County, Texas, decided on
December 20, 1934.  The court awarded Lyle J. Perkins a preference right
to purchase the property under the Sales Act of 1931, subject to a
reservation on behalf of the permanent school fund of the State of Texas
of title to all of the minerals beneath the property in favor of the
permanent school fund of the State of Texas, and ordered that the
property, on the sale to Lyle J. Perkins in accordance with the preference
right, be subject to lease for oil and gas developments by the surface
owner under the terms of the Relinquishment Act of 1919. The free royalty
mineral reservation as stated in the patent is the correct interest that
was retained by the state  under the plain letter of the patent and under
principles of both law and equity.  The state's position as to the
minerals beneath the property would render claimants' and other persons'
interests in the minerals nonexistent and worthless.   

The conflicting positions as to the ownership of the minerals beneath the
property prevent claimants from selling or leasing minerals to third
parties and prevent development of production of oil and gas underneath
the property.  The title of the minerals beneath the property can only be
resolved by court decree determining the rights of persons claiming
interest in the property and the minerals lying beneath the property, as
patented.  Snowmass, Inc., and Elizabeth S. and Samuel H. Vester, Jr., are
entitled to relief as a result of their claims, including a determination
or declaration of the status and ownership of the minerals beneath the
property, or a declaration of the respective rights of the parties in the
property, as patented. 

PURPOSE

As proposed, SCR 11 submits the following resolutions:

Grants Snowmass, Inc., and Elizabeth S. and Samuel H. Vester, Jr.,
permission to sue the State of Texas and the General Land Office subject
to Chapter 107, Civil Practice and Remedies Code. Requires the suit
authorized by this resolution to be brought in either Travis County or
Zapata County. Provides that the attorney general and the commissioner of
the General Land Office be served process as provided by Section
107.002(a)(3), Civil Practice and Remedies Code.