82S10216 CAC-F
 
  By: Craddick H.C.R. No. 16
 
 
 
CONCURRENT RESOLUTION
         WHEREAS, William James Stroman, Jr., individually and as the
  independent executor of the estate of William James Stroman and
  attorney-in-fact for Cleo Lane Stroman (collectively referred to as
  "Stroman"), alleges that:
               (1)  the State of Texas, through the board of regents of
  The University of Texas System ("the board"), owns university
  blocks 23, 24, and 26 ("university lands") located in Pecos County,
  Texas, and exercises sole and exclusive management and control of
  the lands set aside and appropriated to or acquired by the permanent
  university fund, which was created and is governed by Sections 10,
  11, 15, and 18, Article VII, Texas Constitution;
               (2)  Stroman owns property adjoining the west line of
  the university lands, referred to as the Stroman Ranch;
               (3)  during the year 2008, the board began removing a
  fence located on or about the true boundary of the university lands
  and began constructing a new fence west of the true boundary of the
  university lands and entered the Stroman Ranch without consent and
  staked a new fence line west of the true boundary of the university
  lands;
               (4)  the board informed Stroman that it would be
  constructing a new fence on the new staked fence line and stated
  that the location of the new fence was based on a survey performed
  by Frank F. Friend, the field notes of which were filed in the
  General Land Office in 1939;
               (5)  the university lands were originally surveyed in
  1879 by R. M. Thomson, and Friend later resurveyed the university
  lands in 1936, purportedly under the authority of Section 66.41,
  Education Code, which called for lands to be resurveyed when it was
  impracticable to establish lines and corners as originally
  surveyed;
               (6)  the Friend survey placed the western boundary of
  the university lands west of the previously established line and
  clearly on the Stroman Ranch;
               (7)  Stroman informed the board of the error in the
  location of the western boundary line; however, the board did not
  correct the error and stated that the board disputed Stroman's
  claim of ownership;
               (8)  in an attempt to resolve the dispute, Stroman
  hired J. Stan Piper, a licensed state land surveyor, to establish
  the proper western boundary of the university lands, and Piper
  located the correct boundary between the university lands and the
  Stroman Ranch, based on the original 1879 R. M. Thomson survey and
  field notes, as well as subsequent surveys;
               (9)  Piper's conclusive findings, including locations
  of monuments from the original R. M. Thomson survey, establish the
  true boundary between the university lands and the Stroman Ranch
  and demonstrate that the Friend survey was unnecessary and did not
  establish the proper boundary; and
               (10)  the board intends to complete the fence along the
  incorrect boundary between the university lands and the Stroman
  Ranch, thereby trespassing on Stroman's property and denying
  Stroman access to the property; now, therefore, be it
         RESOLVED by the Legislature of the State of Texas, That
  William James Stroman, Jr., individually and as the independent
  executor of the estate of William James Stroman and
  attorney-in-fact for Cleo Lane Stroman, is granted permission to
  sue the State of Texas and the board of regents of The University of
  Texas System subject to Chapter 107, Civil Practice and Remedies
  Code; and, be it further
         RESOLVED, That Stroman may not seek recovery of monetary
  damages from the state, but may only seek a determination of the
  boundary of Stroman's property and a determination of Stroman's
  rights through a court order that fixes and determines the true
  boundary between the university lands and the Stroman Ranch; and,
  be it further
         RESOLVED, That the suit authorized by this resolution may be
  brought in Pecos or Travis County; and, be it further
         RESOLVED, That the relief awarded in the suit authorized by
  this resolution is limited to the relief authorized under Chapter
  37, Civil Practice and Remedies Code, or Chapter 22, Property Code,
  or both; and, be it further
         RESOLVED, That the secretary of the board of regents of The
  University of Texas System be served process as provided by Section
  107.002(a)(3), Civil Practice and Remedies Code.