|
|
|
CONCURRENT RESOLUTION
|
|
WHEREAS, The State of Texas, on behalf of the permanent |
|
school fund, acting by and through Jerry E. Patterson, Commissioner |
|
of the General Land Office and Chairman of the School Land Board, |
|
alleges that: |
|
(1) the permanent school fund owns approximately 157 |
|
acres of mineral classified lands, identified as Survey 5 1/2 ("the |
|
permanent school fund property") 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 |
|
school fund, which was created and is governed by Sections 2, 4, and |
|
5, Article VII, Texas Constitution; |
|
(2) 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; |
|
(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, staked a new fence line west of the true boundary |
|
of the university lands, 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; |
|
(4) 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; |
|
(5) the Friend survey placed the western boundary of |
|
the university lands west of the original R. M. Thomson line, |
|
established in 1879; |
|
(6) the university lands in conflict are subject to |
|
lease for oil and gas exploration, and any attempt by the board to |
|
lease the tracts as described in the Friend resurvey could |
|
wrongfully include 157 acres of permanent school fund minerals, |
|
creating problems for the permanent school fund and any potential |
|
lessees; and |
|
(7) the legislature takes no position on this issue; |
|
now, therefore, be it |
|
RESOLVED by the Legislature of the State of Texas, That the |
|
State of Texas, on behalf of the permanent school fund, acting by |
|
and through Jerry E. Patterson, Commissioner of the General Land |
|
Office and Chairman of the School Land Board, 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 the permanent school fund may not seek |
|
recovery of monetary damages from the state, but may only seek a |
|
determination of the boundary of the permanent school fund property |
|
and a determination of the permanent school fund's rights through a |
|
court order that fixes and determines the true boundary between the |
|
university lands and the permanent school fund property; 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. |