reglab/housing_qa huggingface dataset:
TX Nat Res Code § 51.177 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.177. Processing Vacancy Application

Sec. 51.177.  PROCESSING VACANCY APPLICATION.  (a)  Not later than the 45th day after the date the commissioner accepts the duplicate copies as properly filed by the applicant as provided by Section 51.176(f), the commissioner shall:(1)  determine whether the vacancy application is administratively complete; and(2)  provide to the applicant the notice required by this section.(b)  If the commissioner determines that the vacancy application is administratively complete, the commissioner shall provide written notice to the applicant that:(1)  informs the applicant that the application is administratively complete;(2)  states the application commencement date; and(3)  states the amount of any deposit required under Section 51.178 and the date by which the applicant must pay the deposit.(c)  If the commissioner determines that the vacancy application is not administratively complete, the commissioner shall provide written notice to the applicant that:(1)  informs the applicant that the application is not administratively complete;(2)  provides a list of any deficiencies the applicant must resolve; and(3)  states a reasonable period of not more than 30 days from the date of the notice to resolve any listed deficiencies.(d)  Not later than the 30th day after the date provided under Subsection (c)(3) to resolve any deficiencies, the commissioner shall determine whether the vacancy application is administratively complete.  If the commissioner determines that the vacancy application is administratively complete, the commissioner shall provide the notice required by Subsection (b).  If the commissioner determines that the vacancy application is not administratively complete, the commissioner shall:(1)  dismiss the application without prejudice; and(2)  provide written notice to the applicant informing the applicant that the application is not administratively complete and is dismissed without prejudice.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 26, eff. June 19, 2009.|
TX Nat Res Code § 51.178 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.178. Deposit

Sec. 51.178.  DEPOSIT.  (a)  The commissioner may recover from the applicant state funds expended in evaluating and investigating the application, providing notice, preparing a survey, appointing an attorney ad litem, and conducting hearings under this subchapter.(b)  The commissioner shall require the applicant to submit a deposit in an amount sufficient to pay the reasonable costs under Subsection (a) not later than the 30th day after the application commencement date.(c)  If the amount deposited is insufficient, the commissioner shall require a reasonably necessary supplemental deposit.  If a supplemental deposit is required, the applicant must make the deposit not later than the 30th day after the date the commissioner requests the supplemental deposit.(d)   An applicant may not challenge or appeal the amount of the required deposits, and the applicant's refusal or failure to make the required deposits in the period prescribed by this section terminates the application without prejudice.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 33.01, eff. Jan. 11, 2004;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 33.02, eff. Jan. 11, 2004.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.|
TX Nat Res Code § 51.179 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.179. Disposition of Deposits

Sec. 51.179.  DISPOSITION OF DEPOSITS.  (a)  The commissioner shall deposit all initial and supplemental deposits received under this subchapter to the credit of a separate trust account in the state treasury.  The comptroller, on the commissioner's order, shall make disbursements from that account for purposes authorized by this subchapter.(b)  After proceedings on a vacancy application are concluded and all expenditures authorized under this subchapter are paid, the commissioner shall provide to the applicant a complete statement of all deposits and expenditures and shall remit to the applicant any balance remaining from the deposit or supplemental deposits made by the applicant.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.|
TX Nat Res Code § 51.180 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.180. Attorney Ad Litem

Sec. 51.180.  ATTORNEY AD LITEM.  (a)  If the applicant cannot provide evidence to the commissioner to establish the applicant's ownership of all interests as defined by Section 51.172 in the land surrounding the land claimed to be vacant, the commissioner shall investigate the ownership interests of the land claimed to be vacant and the surrounding land to ensure that all necessary parties have been identified and located.(b)  The investigation must conclude not later than the 60th day after the application commencement date. If the investigation yields any evidence that a necessary party may not have been identified and located, as determined by the commissioner, the commissioner shall, not later than the 30th day after the conclusion of the investigation, appoint an attorney ad litem to  identify and locate all necessary parties.(c)  The commissioner shall provide the attorney ad litem with all documents submitted by the applicant and the results of the investigation to identify necessary parties, and the attorney ad litem shall search public land records and other available records to identify and locate necessary parties.(d)  If any necessary party cannot be located, the attorney ad litem shall represent the interests of that necessary party.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.Acts 2007, 80th Leg., R.S., Ch. 682 (H.B. 1679), Sec. 2, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 27, eff. June 19, 2009.|
TX Nat Res Code § 51.181 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.181. Notice to Necessary Parties

Sec. 51.181.  NOTICE TO NECESSARY PARTIES.  (a)  Not later than the 30th day after the application commencement date, and at any time after that date that the commissioner considers it necessary to notify an identified necessary party, the commissioner shall provide to each necessary party identified and located as of that date a written notice that:(1)  informs the necessary party that a vacancy application has been filed;(2)  states the application commencement date; and(3)  includes:(A)  a copy of the vacancy application and any attachments; and(B)  a form for requesting subsequent notices regarding the application.(b)  If the attorney ad litem is unable to locate an identified necessary party, the attorney ad litem shall notify the commissioner in writing, and the commissioner shall provide notice required under this section by publication in the same manner prescribed by the Texas Rules of Civil Procedure.(c)  Except as provided by Subsection (d), a necessary party is not entitled to notices subsequent to the notice provided under Subsection (a) unless the party requests subsequent notices.(d)  The commissioner shall notify each necessary party of a final order issued under Section 51.188.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 28, eff. June 19, 2009.|
TX Nat Res Code § 51.182 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.182. Filing of Exceptions to Application

Sec. 51.182.  FILING OF EXCEPTIONS TO APPLICATION.  (a)  Not later than the 60th day after the date of the commissioner's notice under Section 51.181(a), a necessary party may file an exception to the vacancy application, any documentation attached to the application, or any other documents or public records that may be used by the commissioner to make a determination.(b)  A necessary party must:(1)  file an exception with the land office; and(2)  provide a copy of the filing to each necessary party that requested subsequent notice as provided by Section 51.181.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.|
TX Nat Res Code § 51.183 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.183. Investigation

Sec. 51.183.  INVESTIGATION.  (a)  The commissioner shall conduct an investigation of the vacancy application.(b)  The investigation shall include:(1)  an evaluation of the vacancy application;(2)  a determination that the vacancy application was filed as provided by Section 51.176; and(3)  a review of public records at the land office relating to the land claimed to be vacant.(c)  The investigation may include a review of:(1)  any survey conducted by a licensed state land surveyor or by the county surveyor of a county in which all or part of the land claimed to be vacant is located; or(2)  any documents or public records necessary to determine whether a vacancy exists, including a review of public records relating to the land claimed to be vacant at:(A)  the state archives; or(B)  any county in which all or part of the land claimed to be vacant is located.(d)  An investigation may include a survey requested by the commissioner under Section 51.184 or a surveyor's report as provided by Section 51.185.(e)  The commissioner shall record the names of the persons consulted, the documents and surveys reviewed, and the relevant law and other materials used in the investigation.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.|
TX Nat Res Code § 51.184 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.184. Commissioner's Survey

Sec. 51.184.  COMMISSIONER'S SURVEY.  (a)  To investigate a vacancy application under Section 51.183, the commissioner may require a survey.  If the commissioner requires a survey, the commissioner shall appoint a licensed state land surveyor who is not associated with the vacancy application to prepare a report as provided by Section 51.185.  The commissioner may limit the scope of the work performed by the surveyor.(b)  A necessary party may observe a survey conducted under this section.  A survey will not be delayed to accommodate a necessary party who provides notice to the commissioner that the party intends to observe the surveyor conducting the survey.(c)  The commissioner shall mail a notice of intention to survey to each necessary party not later than the 30th day before the date the surveyor begins work.  The notice must contain:(1)  the proposed starting date of the survey;(2)  the name, address, and telephone number of the surveyor; and(3)  a statement informing the necessary party that any necessary party may observe the field work of the surveyor conducting the survey.(d)  The fees and expenses paid for the survey are the same as those provided by law.  If the fees and expenses are not provided by law, the commissioner shall contract for fees and expenses reasonably necessary for the scope of the required work.  Contracts under this subsection:(1)  must include hourly rates, categories of reimbursable expenses, and an estimated completion date; and(2)  may include other expenses the commissioner considers reasonable.(e)  The commissioner shall adopt rules regarding the removal of an appointed surveyor on the grounds of bias, prejudice, or conflict.  The rules must permit the commissioner to remove an appointed surveyor on the commissioner's own motion or on the motion of a necessary party.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.|
TX Nat Res Code § 51.185 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.185. Surveyor's Report

Sec. 51.185.  SURVEYOR'S REPORT.  (a)  Not later than the 120th day after the date a surveyor is appointed under Section 51.184, the surveyor shall file a written report of the survey, the field notes describing the land and the lines and corners surveyed, a plat depicting the results of the survey, and any other information required by the commissioner.  The commissioner may extend the time for filing the report as reasonably necessary.(b)  The survey report must also contain:(1)  the name and last known mailing address of:(A)  each person who has possession of the land described in the vacancy application; and(B)  each person determined by the surveyor to have an interest in the land; and(2)  all abstract numbers associated with surveys of land adjoining the land claimed to be vacant.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.|
TX Nat Res Code § 51.186 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.186. Completion of Survey

Sec. 51.186.  COMPLETION OF SURVEY.  (a)  The commissioner shall serve a true copy of the survey report filed by the surveyor on each necessary party, including those named in the survey report, by certified mail, return receipt requested, not later than the 30th business day after the date the survey report is filed with the land office.(b)  Any necessary party may file exceptions to the surveyor's report not later than the 30th day after the date the survey report is mailed to the necessary party by the commissioner.  Any exceptions must be filed with the land office and a copy must be sent by the party filing the exception to each necessary party who has requested subsequent notice under Section 51.181.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.|
TX Nat Res Code § 51.187 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.187. Hearing

Sec. 51.187.  HEARING.  (a)  If the commissioner has not issued a final order with a finding of "Not Vacant Land" on or before the first anniversary of the application commencement date and one or more exceptions have been filed under Section 51.182(a) or 51.186(b), the commissioner shall order a hearing to determine if a vacancy exists.  A hearing under this subchapter:(1)  shall be held not later than the 60th day after the date the hearing is ordered;(2)  shall be conducted as a contested case hearing subject to Chapter 2001, Government Code; and(3)  may be waived by written agreement of all necessary parties and the commissioner.(b)  Not later than the 30th day after the date a hearing is ordered under Subsection (a), the commissioner shall provide notice of the hearing date to each necessary party.(c)  Not later than the 60th day after the date of the hearing, the commissioner shall enter a final order as provided by Section 51.188.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 29, eff. June 19, 2009.|
TX Nat Res Code § 51.188 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.188. Commissioner's Final Order

Sec. 51.188.  COMMISSIONER'S FINAL ORDER.  (a)  At any time during or after an investigation of or hearing regarding a vacancy application, the commissioner may determine that land claimed to be vacant is not vacant and issue a final order with a finding of "Not Vacant Land" or an order finding a vacancy if a hearing is not required under Section 51.187.(b)  After a hearing conducted under Section 51.187, the commissioner shall issue a final order with a finding of "Not Vacant Land" or issue an order finding a vacancy exists.  Not later than the 15th day after the date the final order is issued, the commissioner shall notify each necessary party of the final order by providing each party a copy of the final order.(c)  A final order finding a vacancy exists must contain:(1)  a finding by the commissioner that the land claimed to be vacant is unsurveyed public school land that is not in conflict with land previously titled, awarded, or sold by the state as established by:(A)  clear and convincing proof for an application to which an exception has been filed as provided by Section 51.182; or(B)  a preponderance of the evidence for an application to which no exceptions have been filed as provided by Section 51.182;(2)  the field note description used to determine the vacancy, which must be sufficient to locate the land on the ground;(3)  an accurate plat of the land that is:(A)  consistent with the field notes; and(B)  prepared by a licensed state land surveyor or a county surveyor of the county in which a majority of vacant land is located; and(4)  any other matters required by law or as the commissioner considers appropriate.(d)  In determining the boundaries and size of a vacancy, the commissioner is not restricted to a description of the land claimed to be vacant that is provided by the applicant, the surveyor, or any other person.  The commissioner shall adopt the description of a vacancy that best describes the land found to be vacant and that is consistent with the investigation under this subchapter.(e)  The commissioner shall attach to the commissioner's final order a document entitled "Notice of Claim of Vacancy."  The commissioner shall prescribe the contents of the notice.  The commissioner shall file the notice with the county clerk and any county surveyor of each county in which all or part of the vacancy is located.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 30, eff. June 19, 2009.|
TX Nat Res Code § 51.189 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.189. Appeal

Sec. 51.189.  APPEAL.  (a)  A final order with a finding of "Not Vacant Land" under Section 51.188 may not be appealed.  The final order is conclusive regarding the land described in the vacancy application or the land investigated by the commissioner as a result of the vacancy application.(b)  A final order finding a vacancy exists is subject to appeal by a necessary party that has standing to appeal under Section 51.192.  The district court in the county in which a majority of the vacant land is located has jurisdiction of an appeal under this subchapter.  A necessary party must file an appeal not later than the 30th day after the date the commissioner's final order is issued.  All necessary parties must be provided notice of an appeal under this section by the party filing the appeal.(c)  A person whose predecessor in title was bound by the outcome of an appeal is bound to the same extent the predecessor in title would be bound if the predecessor in title continued to hold title.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.|
TX Nat Res Code § 51.190 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.190. Scope of Review

Sec. 51.190.  SCOPE OF REVIEW.  In an appeal of the commissioner's final order determining that a vacancy exists, the district court shall conduct a trial de novo.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.|
TX Nat Res Code § 51.191 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.191. Issues Reviewable

Sec. 51.191.  ISSUES REVIEWABLE.  The court may review the commissioner's declaration of good-faith-claimant status only in conjunction with a review of a final order determining that a vacancy exists.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.|
TX Nat Res Code § 51.192 (2021)
2021 Texas Statutes|Natural Resources Code|Title 2 - Public Domain|Subtitle D - Disposition of the Public Domain|Chapter 51 - Land, Timber, and Surface Resources|Subchapter E. Sale and Lease of Vacancies|Section 51.192. Standing to Appeal

Sec. 51.192.  STANDING TO APPEAL.  A person may appeal the commissioner's final order determining that a vacancy exists if the person:(1)  is a necessary party;(2)  has a present legal interest in the surface or mineral estate at the time a vacancy application is filed; or(3)  acquires a legal interest before the date of the commissioner's final order.|Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 2005.|