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HOUSE CONCURRENT RESOLUTION
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WHEREAS, The State of Texas, on behalf of the Permanent |
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School Fund, ("the PSF") acting by and through Jerry E. Patterson, |
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Commissioner of the General Land Office and Chairman of the School |
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Land Board alleges that: |
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(1) The PSF owns approximately 157 acres of mineral |
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classified lands, identified as Survey 5 1/2 ("the PSF property") |
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located in Pecos County, Texas, and exercises sole and exclusive |
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management and control of the lands set aside and appropriated to or |
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acquired by the PSF, which was created and is governed by Sections |
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2, 4, 5, and 6 Article VII, Texas Constitution; |
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(2) the State of Texas, through the board of regents of |
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The University of Texas System ("the board"), owns university |
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blocks 23, 24, and 26 ("university lands") located in Pecos County, |
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Texas, and exercises sole and exclusive management and control of |
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the lands set aside and appropriated to or acquired by the permanent |
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university fund, which was created and is governed by Sections 10, |
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11, 15, and 18, Article VII, Texas Constitution; |
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(3) during the year 2008, the board began removing a |
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fence located on or about the true boundary of the university lands |
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and began constructing a new fence west of the true boundary of the |
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university lands and staked a new fence line west of the true |
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boundary of the university lands; and stated that the location of |
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the new fence was based on a survey performed by Frank F. Friend, |
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the field notes of which were filed in the General Land Office in |
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1939; |
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(4) the university lands were originally surveyed in |
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1879 by R. M. Thomson, and Friend later resurveyed the university |
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lands in 1936, purportedly under the authority of Section 66.41, |
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Education Code, which called for lands to be resurveyed when it was |
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impracticable to establish lines and corners as originally |
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surveyed; |
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(5) the Friend survey placed the western boundary of |
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the university lands west of the original R.M. Thomson line, |
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established in 1879; |
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(6) the university lands in conflict are subject to |
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lease for oil and gas exploration. Any attempt by the board to lease |
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the tracts as described in the Friend resurvey could wrongfully |
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include 157 acres of PSF minerals, creating problems not only for |
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the Permanent School Fund, but any potential lessees as well; now, |
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therefore, be it |
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RESOLVED by the Texas Legislature, which takes no position in |
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this issue, that The State of Texas, on behalf of the Permanent |
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School Fund, acting by and through Jerry E. Patterson, Commissioner |
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of the General Land Office and Chairman of the School Land Board, is |
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granted permission to sue the State of Texas, and the board of |
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regents of The University of Texas System, subject to Chapter 107, |
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Civil Practice and Remedies Code; and, be it further |
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RESOLVED, That the PSF may not seek recovery of monetary |
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damages from the state, but may only seek a determination of the |
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boundary of the PSF property and a determination of the PSF's rights |
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through a court order that fixes and determines the true boundary |
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between the university lands and the PSF property; and be it further |
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RESOLVED, That the suit authorized by this resolution may be |
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brought in Pecos or Travis County; and, be it further |
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RESOLVED, That the relief awarded in the suit authorized by |
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this resolution is limited to the relief authorized under Chapter |
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37, Civil Practice and Remedies Code, or Chapter 22, Property Code, |
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or both; and, be it further |
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RESOLVED, That the secretary of the board of regents of The |
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University of Texas System be served process as provided by Section |
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107.002(a)(3), Civil Practice and Remedies Code. |