79R15193 SKB-D


By:  Luna                                                       H.C.R. No. 132

Substitute the following for H.C.R. No. 132:                                  

By:  Rose                                                   C.S.H.C.R. No. 132



HOUSE CONCURRENT RESOLUTION
	WHEREAS, The John G. and Marie Stella Kenedy Memorial 
Foundation alleges that:
		(1)  on April 23, 2003, the 200th District Court of 
Travis County, Texas, Cause Number 93-05265, ruled in a title and 
boundary dispute that the John G. and Marie Stella Kenedy Memorial 
Foundation was the owner in fee simple of the disputed property;
		(2)  the judgment permanently enjoins the General Land 
Office from trespassing and exercising possession, dominion, and 
control over the property and from leasing any portion of the 
property for the exploration and development of oil, gas, and other 
minerals, or any surface use of the property;
		(3)  before the judgment, the General Land Office and 
the School Land Board leased the surface and subsurface estate of 
the property and enjoyed the benefits of ownership, including the 
receipt of payments for leasing the property, meanwhile depleting 
the subsurface minerals and devaluing the surface and subsurface 
estate;
		(4)  the John G. and Marie Stella Kenedy Memorial 
Foundation seeks recovery of damages, including but not limited to 
the diminution of property value and loss of revenue from the 
leasing of the surface and subsurface estate, such as royalties, 
bonuses, delay rentals, seismic permit fees, pipeline easement 
payments, and other payments; now, therefore, be it
	RESOLVED by the Legislature of the State of Texas, That the 
John G. and Marie Stella Kenedy Memorial Foundation is granted 
permission to sue the State of Texas, the General Land Office, the 
School Land Board, and Jerry Patterson, currently the commissioner 
of the General Land Office and the chairman of the School Land 
Board, for the recovery of damages arising from the use, 
appropriation, invasion, taking, and interference with enjoyment 
and use of the foundation's property, subject to Chapter 107, Civil 
Practice and Remedies Code; and, be it further
	RESOLVED, That the commissioner of the General Land Office 
and chairman of the School Land Board, both offices currently being 
held by Jerry Patterson, be served process as provided by Section 
107.002(a)(3), Civil Practice and Remedies Code.