By:  Kuempel                                                      H.B. No. 1397



A BILL TO BE ENTITLED

AN ACT

relating to the exclusion of sand and gravel as a mineral for 
leasing on state land.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C. Chapter 53.061, Natural Resources 
Code, is amended to read as follows:
	(a)  The state constitutes the owner of the surface and its 
agent to lease to any person any mineral, except oil and gas or sand 
and gravel, which may be within all or part of a survey previously 
sold with all minerals reserved to the state.
	(b)  The lease shall be made on terms and conditions that may 
be prescribed by the school land board.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.