AUSTIN.TEXAS 

x=IUCE DANIEI. *ADAIs DID-ON 

.--o- w--- 

May 17, 1948 

Hon. Joseph C. Ternus 

County Attorney 

San Patricia County 

Sinton, Texas 

Dear Sir: 

Opinion No. V-582 

Re: Authority and procedure for the execution of an oil 

and gas lease of 

land owned by a 

county. 

We refer to your letter of March. 16, 1948 

requesting our opinion concerning the authority of 

the Commissioners' Court and the procedure for the 

execution of oil and gas leases on land owned by San 

Patriclo County, and to your supplementary letter of 

April 15, 1948. 

One of the tracts of land was conveyed to 

the County Judge, June 12, 1916, as a site for a building I, . . . for the benefit of the colored youths of 

the community; . . .I'; all of the other tracts were 

conveyed to San Patricia County by general warranty deed, 

without any kind of restriction. 

We note that the land in question is adjacent 

to a highway. We consider this fact unimportant because 

no question of obstruction of traffic on the highway is 

involved. 

Article 5400a, Vernon's Civil Statutes, authorizes and controls the procedure for and the execution 

of mineral development leases on county owned land. Our 

Opinions No. V-379 con,s,idered this.,~art$cle and~~we e&Lose 

a copy of that opinionfbr your information. That artyf~- 

cle makes plain the authority and procedure which pertains to the leasing of county owned land for the development and production of minerals, but no authority is 

given to enter into pooling agreements by which county 

owned land may be pooled with other land. 
5834) Hon. Joseph C. Ternus - Page 2 (v-582) 

The land involved in your inquiry will be identified by the names of the grantors and grantees and the 

dates of the respective deeds: 

1. The deed from Sinton Town Company to M. ?1. 

Childers, County Judge,.dated June 12, 1916, is a grant 

for school purposes only. This is the tract referred to 

in the second paragraph of this letter. Article 2683, 

v. c. s ., provides that "the title to school property belonging to the county, the title to which has heretofore 

been vested in the county judge and his successors in office or, any school property that may be acquired, shall 

vest in the'county school trustees." The Commissioners' 

Court is not authorized to execute oil leases on the land 

conveyed by that ,deed. 

The deeds from P. L. Johnson dated March 

5, 1931; L?'F. Garrett dated March 13 1931. and J. E. 

Davis, dated May 25, 1431, to San Patricia C&&y, are 

general warranty deeds which vest the title to the land 

described in them in Sdn Patricia County in fee simple. 

3. ,The deed from J. J,. Welder, et al, dated 

April 18, 1922, is a general warranty deed, which vests 

the title to the land described in It in fee simple in 

Road District No. 5 of San Patricia County, except Lot 5 

in Block 20 in the town of Sinton, which is not conveyed 

by the deed.' !ie assume that the land was acquired for 

county road district purposes. 

The lands referred to in paragraphs 2 and 3, 

above, are subject to lease for oil development by the 

Commissioners' Court of San Patricia County in accordance 

with Article 5400a, V.'C. S. Also, in connection with No. 

3, we 'specifically call your attention to the fact that 

the Commissioners' Court has authority to execute contracts for and on behalf of a road district within the 

county. Art. 752U, V. C. S.; Austin Bros. Bridge Co. v. 

Road Dist. No. 3,~247 S. W. 674 (error refused). 

SUMMARY 

Commissioners' Courts are authorized to 

execute mineral leases on county owned land and 

land owned by a road district in accordance 

with the provisions of Article $OOa, V. C. S. 
‘4 

Hon. Joseph C. Ternus - Page 3 (V-582) 

:. 

Such Courts are not authorized to enter into 

agreements to pool such land with other land 

and are not authorized to execute mineral 

leases on land conveyed to the County Judge 

for. school purpos~es. 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

WTW:wb 

Encl. 

BY 

Assistant 

-APPROVED: 

581