reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter F. Patents › Section 51.253. Corrected Patent

Sec. 51.253.  CORRECTED PATENT.  (a)  An owner of land in one or more patented surveys may apply to the General Land Office for a corrected patent to correct scriveners' errors or obvious errors in the field note description of the original patent as determined by the commissioner.  The application must clearly identify the error in the original patent.
(b)  The General Land Office may adopt rules relating to the implementation and operation of this section, including rules requiring the payment of reasonable filing and processing fees by an applicant for a corrected patent.
Added by Acts 1983, 68th Leg., p. 752, ch. 182, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter G. Easements › Section 51.291. Grants of Easements

Sec. 51.291.  GRANTS OF EASEMENTS.  (a)  Except as provided by Subsection (b), the commissioner may execute grants of easements or other interests in property for rights-of-way or access across, through, and under unsold public school land, the portion of the Gulf of Mexico within the jurisdiction of the state, the state-owned riverbeds and beds of navigable streams in the public domain, and all islands, saltwater lakes, bays, inlets, marshes, and reefs owned by the state within tidewater limits for:
(1)  telephone, telegraph, electric transmission, and power lines;
(2)  oil pipelines, including pipelines connecting the onshore storage facilities with the offshore facilities of a deepwater port, as defined by the federal Deepwater Port Act of 1974 (33 U.S.C.A. Section 1501 et seq.), gas pipelines, sulphur pipelines, and other electric lines and pipelines of any nature;
(3)  irrigation canals, laterals, and water pipelines;
(4)  roads; and
(5)  any other purpose the commissioner considers to be in the best interest of the state.
(b)  Consent to conduct an activity that would disturb or remove marl, sand, gravel, shell, or mudshell on or near the surface of a state-owned riverbed or the bed of a navigable stream in the public domain may be granted only under Chapter 86, Parks and Wildlife Code.
(c)  Money received by the land office for the grants of easements through and under the state-owned riverbeds and beds of navigable streams in the public domain shall be deposited in a special fund account in the state treasury to be used for the removal or improvement of unauthorized structures on permanent school fund land.  This fund does not impose a duty or obligation on the state to accept ownership of, remove, or improve unauthorized structures on permanent school fund land.
Acts 1977, 65th Leg., p. 2438, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 624, Sec. 35, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 991, Sec. 15, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 387 (S.B. 654), Sec. 4, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter G. Easements › Section 51.292. Easements and Leases for Certain Facilities

Sec. 51.292.  EASEMENTS AND LEASES FOR CERTAIN FACILITIES.  The commissioner may execute grants of easements or leases for electric substations, pumping stations, loading racks, and tank farms, and for any other purpose the commissioner determines to be in the best interest of the state, to be located on state land other than land owned by The University of Texas System.
Acts 1977, 65th Leg., p. 2438, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 387 (S.B. 654), Sec. 5, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter G. Easements › Section 51.295. Conditions for Easement

Sec. 51.295.  CONDITIONS FOR EASEMENT.  Telephone, telegraph, electric transmission, powerline, and pipeline right-of-way easements and easements or rights-of-way for irrigation canals, laterals, and water pipelines shall be executed on terms to be determined by the commissioner.
Acts 1977, 65th Leg., p. 2438, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 387 (S.B. 654), Sec. 7, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter G. Easements › Section 51.296. Term of Easements

Sec. 51.296.  TERM OF EASEMENTS.  (a)   The term for easements or leases granted under Sections 51.291 and 51.292 may be for any term the commissioner deems to be in the best interest of the state.
(b)  The commissioner by rule shall set the amount of and shall collect money for damages to the surface of land dedicated to the permanent school fund.
(c)  Money collected for surface damages shall be deposited in the special fund account described in Section 52.297 of this code.
(d)  A right-of-way easement for a pipeline connecting onshore storage facilities with the offshore facilities of a deepwater port, as defined by the Deepwater Port Act of 1974 (33 U.S.C.A. Section 1501 et seq.), may be granted for a term coincident with the term of the license issued by the secretary of transportation pursuant to the Deepwater Port Act of 1974 (33 U.S.C.A. Section 1501 et seq.), and the easement may be renewed for additional terms of up to 10 years coincident with the term for each renewal of the license.
Acts 1977, 65th Leg., p. 2439, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 624, Sec. 37, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 208, Sec. 7, eff. Aug. 31, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 387 (S.B. 654), Sec. 8, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter G. Easements › Section 51.297. Recording Easements

Sec. 51.297.  RECORDING EASEMENTS.  (a)  Each easement granted under this subchapter shall be recorded in the county clerk's office of the county in which the land is located, and the recording fee shall be paid by the person who obtains the easement.
(b)  The person who obtains an easement under this subchapter shall furnish to the commissioner a certified copy of the easement.
Acts 1977, 65th Leg., p. 2439, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 923, Sec. 12, eff. Aug. 26, 1985;  Acts 1987, 70th Leg., ch. 208, Sec. 12, eff. Aug. 31, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 387 (S.B. 654), Sec. 9, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter G. Easements › Section 51.299. Fees for Certain Facilities

Sec. 51.299.  FEES FOR CERTAIN FACILITIES.  The rent to be charged for an easement or lease for an electric substation site, pumping station, loading rack, tank farm, or road or for an easement for a purpose not specifically listed by Section 51.291 or 51.292 but granted in the best interest of the state shall be an amount agreed to between the lessee and the commissioner.
Acts 1977, 65th Leg., p. 2439, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 624, Sec. 38, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 387 (S.B. 654), Sec. 10, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter G. Easements › Section 51.2995. Waiver or Reduction of Easement Fees in Certain Circumstances

Sec. 51.2995.  WAIVER OR REDUCTION OF EASEMENT FEES IN CERTAIN CIRCUMSTANCES.  The commissioner may waive or reduce an easement fee if the easement granted is to improve the infrastructure of the land, including production and transportation of alternative or renewable energy resources.
Added by Acts 2003, 78th Leg., ch. 280, Sec. 27, eff. June 18, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter G. Easements › Section 51.300. Disposition of Income

Sec. 51.300.  DISPOSITION OF INCOME.  Income received by the commissioner under this subchapter from public school land shall be credited to the permanent school fund.  Other income received by the commissioner on other land under this subchapter shall be credited to the General Revenue Fund.
Acts 1977, 65th Leg., p. 2439, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 328, Sec. 5, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 387 (S.B. 654), Sec. 11, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter G. Easements › Section 51.301. Interest on Past-Due Payments

Sec. 51.301.  INTEREST ON PAST-DUE PAYMENTS.  Payments under this subchapter that are past due shall bear interest at a rate equal to the rate imposed by the comptroller under Section 111.060, Tax Code, for delinquent payments due the state, except that if the commissioner enters into an agreement with the grantee of the easement or lease specifying a lower rate, the payments bear interest at that lower rate.
Acts 1977, 65th Leg., p. 2440, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 387 (S.B. 654), Sec. 12, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter G. Easements › Section 51.302. Prohibition and Penalty

Sec. 51.302.  PROHIBITION AND PENALTY.  (a)  No person may construct or maintain any structure or facility on land owned by the state, nor may any person who has not acquired a proper easement, lease, permit, or other instrument from the state as required by this chapter or Chapter 33 and who owns or possesses a facility or structure that is now located on or across state land continue in possession of the land unless he obtains from the commissioner or the board an easement, lease, permit, or other instrument required by this chapter or Chapter 33 for the land on which the facility or structure is to be constructed or is located.
(b)  A person who constructs, maintains, owns, or possesses a facility or structure on state land without a proper easement or lease from the state under this chapter or under Chapter 33 of this code is liable for a penalty of not less than $50 or more than $1,000 a day for each day that a violation occurs.  The penalty shall be recovered by the commissioner under Section 51.3021 of this code or in a civil action by the attorney general.
(c)  A person who owns, maintains, or possesses an unauthorized facility or structure is, for purposes of this section, the person who last owned, maintained, or possessed the facility or structure.
(d)  The commissioner or attorney general may also recover from a person who constructs, maintains, owns, or possesses a facility or structure on state land without the proper easement the costs to the state of removing that facility or structure under Section 51.3021 of this code.
(e)  Penalties and costs recovered under this section shall be deposited in the special fund established under Sections 52.297 and 53.155 of this code.
(f)  This section is cumulative of all other applicable penalties or enforcement provisions of this code.
(g)  In lieu of seeking administrative penalties or removal of the facility or structure under Section 51.3021 of this code, the commissioner may elect to accept ownership of the facility or structure as a fixture and may exercise the state's rights as owner of the facility or structure by filing notice of such ownership in the real property records of the county in which the facility or structure is located.  For facilities or structures located on coastal public land and connected with the ownership of adjacent littoral property, notice of ownership shall be filed in the county in which the adjacent littoral property is located.
Acts 1977, 65th Leg., p. 2440, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 624, Sec. 39, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 465, Sec. 1, eff. June 11, 1991;  Acts 1993, 73rd Leg., ch. 991, Sec. 16, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 280, Sec. 28, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 387 (S.B. 654), Sec. 13, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter G. Easements › Section 51.303. Venue

Sec. 51.303.  VENUE.  The venue for suits by or against the state under Sections 51.291 through 51.3021 of this code or for violation of provisions of Sections 51.291 through 51.302 of this code shall be in Travis County.
Acts 1977, 65th Leg., p. 2440, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 465, Sec. 3, eff. June 11, 1991.
Sec. 51.304.  EASEMENTS FOR SOIL CONSERVATION AND FLOOD PREVENTION.  The commissioner may execute grants of easements on unsold public school land to conservation and reclamation districts for soil conservation and flood prevention projects authorized by the Watershed Protection and Flood Prevention Act (16 U.S.C. Section 1001 et seq.), as amended.
Acts 1977, 65th Leg., p. 2440, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter G. Easements › Section 51.305. Terms and Form of Grant

Sec. 51.305.  TERMS AND FORM OF GRANT.  The grant of the easement may contain any provisions that the commissioner considers necessary to protect the interests of the state and may be perpetual or for a term of years.
Acts 1977, 65th Leg., p. 2440, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter G. Easements › Section 51.306. Consideration

Sec. 51.306.  CONSIDERATION.  The consideration paid to the state for the grant of the easement under Section 51.304 of this code shall be determined by the commissioner to compensate the state for any damage to the land or to the use of the land caused by the easement, but if the commissioner determines that the benefits resulting from the grant of the easement are more than the damage, the commissioner may waive the consideration for the easement.
Acts 1977, 65th Leg., p. 2440, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter G. Easements › Section 51.307. Reservation of Mineral Rights

Sec. 51.307.  RESERVATION OF MINERAL RIGHTS.  Mineral rights together with the right to explore for, produce, and market the minerals in land granted as an easement under Section 51.304 of this code shall be reserved to the state and shall be subject to lease for minerals in the same manner as other unsold public school land.
Acts 1977, 65th Leg., p. 2441, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter H. Sale of Timber, Gayule, and Lechuguilla › Section 51.341. Definition

Sec. 51.341.  DEFINITION.  In this subchapter, "timbered land" means land that is valued chiefly for the timber located on it.
Acts 1977, 65th Leg., p. 2441, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter H. Sale of Timber, Gayule, and Lechuguilla › Section 51.342. Sale or Lease of Timber

Sec. 51.342.  SALE OR LEASE OF TIMBER.  Timber located on public land shall be sold or leased in full tracts for cash at its market value.
Acts 1977, 65th Leg., p. 2441, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 29, eff. June 18, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter H. Sale of Timber, Gayule, and Lechuguilla › Section 51.343. Rules

Sec. 51.343.  RULES.  Subject to the provisions of this chapter, the commissioner shall adopt rules for the sale of timber which are considered necessary and judicious.
Acts 1977, 65th Leg., p. 2441, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter H. Sale of Timber, Gayule, and Lechuguilla › Section 51.344. Application to Purchase Timber

Sec. 51.344.  APPLICATION TO PURCHASE TIMBER.  An application to purchase timber shall be made in the manner provided for filing an application to purchase land.
Acts 1977, 65th Leg., p. 2441, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter H. Sale of Timber, Gayule, and Lechuguilla › Section 51.345. Ingress and Egress From Land

Sec. 51.345.  INGRESS AND EGRESS FROM LAND.  The purchaser of timber without the land is entitled to ingress and egress on the land for a period of five years after the date of the award to remove or protect the timber on the land.
Acts 1977, 65th Leg., p. 2441, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter H. Sale of Timber, Gayule, and Lechuguilla › Section 51.346. Reversion of Title to Timber

Sec. 51.346.  REVERSION OF TITLE TO TIMBER.  After the five-year period provided in Section 51.345 of this code, title to the timber reverts to the fund to which the land belongs and is subject to sale by the state.
Acts 1977, 65th Leg., p. 2441, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter H. Sale of Timber, Gayule, and Lechuguilla › Section 51.347. Sale of Gayule and Lechuguilla

Sec. 51.347.  SALE OF GAYULE AND LECHUGUILLA.  The board may sell the gayule or lechuguilla growing or found on the public school land, exclusive of timber.
Acts 1977, 65th Leg., p. 2441, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter H. Sale of Timber, Gayule, and Lechuguilla › Section 51.348. Conditions of Sale

Sec. 51.348.  CONDITIONS OF SALE.  The sale of gayule and lechuguilla may be on any terms and conditions and with any limitations that the board considers most advantageous and in the best interest in protecting the public school fund and the state.
Acts 1977, 65th Leg., p. 2441, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter H. Sale of Timber, Gayule, and Lechuguilla › Section 51.349. Contracts

Sec. 51.349.  CONTRACTS.  The board may enter into any contract including an executory contract of sale which they consider wise for the purpose of having the commercial properties and value of gayule and lechuguilla determined, but it may not spend any public money or incur any liability on behalf of the state through these contracts.
Acts 1977, 65th Leg., p. 2441, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter I. Acquisition of Public School Land › Section 51.401. Real Estate Special Fund Account

Sec. 51.401.  REAL ESTATE SPECIAL FUND ACCOUNT.  (a)  The board may designate funds or revenue received from any land or real property holdings, and any proceeds received from the sale of any mineral or royalty interest, that is set apart to the permanent school fund under the constitution and laws of this state together with the mineral estate in riverbeds, channels, and the tidelands, including islands, for deposit in the real estate special fund account of the permanent school fund in the State Treasury to be used by the board as provided by this subchapter.
(b)  The real estate special fund account must be an interest-bearing account, and the interest received on the account shall be deposited in the State Treasury to the credit of the real estate special fund account of the permanent school fund.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1368, Sec. 10, eff. June 15, 2007.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1368, Sec. 10, eff. June 15, 2007.
(e)  Section 403.095, Government Code, does not apply to a fund account created under this section.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 40.  Amended by Acts 1993, 73rd Leg., ch. 991, Sec. 18, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 900, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 328, Sec. 6, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 1098 (H.B. 2217), Sec. 7, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1368 (H.B. 3699), Sec. 3, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1368 (H.B. 3699), Sec. 4, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1368 (H.B. 3699), Sec. 10, eff. June 15, 2007.
Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 2.04, eff. December 31, 2022.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter I. Acquisition of Public School Land › Section 51.402. Use of Designated Funds

Sec. 51.402.  USE OF DESIGNATED FUNDS.  (a)  The board may use funds designated under Section 51.401 for any of the following purposes:
(1)  to add to a tract of public school land to form a tract of sufficient size to be manageable;
(2)  to add contiguous land to public school land;
(3)  to acquire, as public school land, interests in real property for biological, residential, commercial, geological, cultural, or recreational purposes;
(4)  to acquire mineral and royalty interests for the use and benefit of the permanent school fund;
(5)  to protect, maintain, or enhance the value of public school land and mineral or royalty interests on that land;
(6)  to acquire real property holdings;
(7)  to pay reasonable fees for professional services related to a permanent school fund investment; or
(8)  to acquire, sell, lease, trade, improve, maintain, protect, or use land, mineral and royalty interests, or real property holdings, at such prices and under such terms and conditions the board determines to be in the best interest of the permanent school fund.
(b)  Before using funds under Subsection (a), the board must determine, using the prudent investor standard, that the use of the funds for the intended purpose is authorized by Subsection (a) and in the best interest of the permanent school fund.  A determination by the board on the use of funds under this section is conclusive unless the determination was made as a result of fraud or obvious error.
(b-1)  The board may confer with one or more employees of the board or with a third party regarding an investment or potential investment in real estate, including the acquisition or potential acquisition of interests in real estate, to the extent permitted to the board of trustees of the Texas growth fund under Section 551.075, Government Code.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 2.10(3), eff. December 31, 2022.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 40.  Amended by Acts 2001, 77th Leg., ch. 900, Secs. 2, 3, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 280, Sec. 30, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1098 (H.B. 2217), Sec. 8, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1368 (H.B. 3699), Sec. 5, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 493 (H.B. 4388), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 524 (S.B. 608), Sec. 8, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 2.05, eff. December 31, 2022.
Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 2.10(3), eff. December 31, 2022.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 13.001, eff. September 1, 2021.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter I. Acquisition of Public School Land › Section 51.4021. Appointment of Investment Consultants or Advisors

Sec. 51.4021.  APPOINTMENT OF INVESTMENT CONSULTANTS OR ADVISORS.  (a)  The board may appoint investment consultants or advisors to assist the board in using funds designated under Section 51.401 in a manner authorized under Section 51.402 by contracting for professional investment advisory services with one or more organizations that are in the business of advising on the management of real estate investments.
(b)  To be eligible for appointment under this section, an investment consultant or advisor shall agree to abide by the policies, requirements, or restrictions, including ethical standards and disclosure policies and criteria for determining the quality of investments and for the use of standard rating services, that the board adopts for real estate investments of the permanent school fund.  Funds designated under Section 51.401 may not be invested in a real estate investment trust, as defined by Section 200.001, Business Organizations Code.
(c)  Compensation paid to an investment consultant or advisor by the board must be consistent with the compensation standards of the investment industry and compensation paid by similarly situated institutional investors.
(d)  Chapter 2263, Government Code, applies to investment consultants and advisors appointed under this section.  The board by rule shall adopt standards of conduct for investment consultants and advisors appointed under this section as required by Section 2263.004, Government Code, and shall implement the disclosure requirements of Section 2263.005 of that code.
Added by Acts 2005, 79th Leg., Ch. 1098 (H.B. 2217), Sec. 9, eff. June 18, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1368 (H.B. 3699), Sec. 6, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 524 (S.B. 608), Sec. 9, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 2.06, eff. December 31, 2022.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter I. Acquisition of Public School Land › Section 51.404. Title Security

Sec. 51.404.  TITLE SECURITY.  (a)  Real property acquired under this chapter shall be conveyed to the state by warranty deed.
(b)  The board may purchase or acquire title insurance for any real property purchased under this chapter.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 40.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 32, eff. June 18, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter I. Acquisition of Public School Land › Section 51.405. Contracts for Purchase

Sec. 51.405.  CONTRACTS FOR PURCHASE.  The board may enter into contracts for the purchase of property under this subchapter.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 40, eff. Nov. 5, 1985.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter I. Acquisition of Public School Land › Section 51.406. Dedication to Permanent School Fund

Sec. 51.406.  DEDICATION TO PERMANENT SCHOOL FUND.  Land acquired under this subchapter is dedicated to the permanent school fund and is subject to sale and lease in the same manner and under the same authority as any other real property dedicated to the permanent school fund.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 40, eff. Nov. 5, 1985.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter I. Acquisition of Public School Land › Section 51.407. Rules

Sec. 51.407.  RULES.  The board shall adopt rules for the implementation of this subchapter.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 40, eff. Nov. 5, 1985.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter I. Acquisition of Public School Land › Section 51.408. Ethics Policy and Training

Sec. 51.408.  ETHICS POLICY AND TRAINING.  (a)  In addition to any other requirements provided by law, the board shall adopt and enforce an ethics policy that provides standards of conduct relating to the management and investment of the funds designated under Section 51.401.  The ethics policy must include provisions that address the following issues as they apply to the management and investment of the funds and to persons responsible for managing and investing the funds:
(1)  general ethical standards;
(2)  conflicts of interest;
(3)  prohibited transactions and interests;
(4)  the acceptance of gifts and entertainment;
(5)  compliance with applicable professional standards;
(6)  ethics training;  and
(7)  compliance with and enforcement of the ethics policy.
(b)  The ethics policy must include provisions applicable to:
(1)  members of the board;
(2)  the commissioner;
(3)  employees of the board;  and
(4)  any person who provides services to the board relating to the management or investment of the funds designated under Section 51.401.
(c)  Not later than the 45th day before the date on which the board intends to adopt a proposed ethics policy or an amendment to or revision of an adopted ethics policy, the board shall submit a copy of the proposed policy, amendment, or revision to the Texas Ethics Commission and the state auditor for review and comments.  The board shall consider any comments from the commission or state auditor before adopting the proposed policy.
(d)  The provisions of the ethics policy that apply to a person who provides services to the board relating to the management or investment of the funds designated under Section 51.401 must be based on the Code of Ethics and the Standards of Professional Conduct prescribed by the Association for Investment Management and Research or other ethics standards adopted by another appropriate professionally recognized entity.
(e)  The board shall ensure that applicable provisions of the ethics policy are included in any contract under which a person provides services to the board relating to the management and investment of the funds designated under Section 51.401.
Added by Acts 2005, 79th Leg., Ch. 1098 (H.B. 2217), Sec. 9, eff. June 18, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter I. Acquisition of Public School Land › Section 51.409. Disclosure of Conflicts of Interest and Finances

Sec. 51.409.  DISCLOSURE OF CONFLICTS OF INTEREST AND FINANCES.  (a)  A member of the board, the commissioner, an employee of the board, or a person who provides services to the board that relate to the management or investment of the funds designated under Section 51.401 who has a business, commercial, or other relationship that could reasonably be expected to diminish the person's independence of judgment in the performance of the person's responsibilities relating to the management or investment of the funds shall disclose the relationship in writing to the board.
(b)  The board or the board's designee shall, in the ethics policy adopted under Section 51.408, define the kinds of relationships that may create a possible conflict of interest.
(c)  A person who is required to file a disclosure statement under Subsection (a) shall refrain from giving advice or making decisions about matters affected by the conflict of interest unless the board, after consultation with the general counsel of the board, expressly waives this prohibition.  The board shall maintain a written record of each waiver and the reasons for it.  The board may delegate the authority to waive prohibitions under this subsection to one or more designated employees of the land office on a vote of a majority of the members of the board at an open meeting called and held in compliance with Chapter 551, Government Code.  The board shall have any order delegating authority to waive prohibitions under this section entered into the minutes of the meeting.  The board may adopt criteria for designated employees to use to determine the kinds of relationships that do not constitute a material conflict of interest for purposes of this subsection.
(d)  Each employee of the board who exercises significant decision-making or fiduciary authority, as determined by the board, shall file financial disclosure statements with a person designated by the board.  The content of a financial disclosure statement must comply substantially with the requirements of Subchapter B, Chapter 572, Government Code.  A statement must be filed not later than the 30th day after the date a person is employed in a significant decision-making or fiduciary position and annually after employment not later than April 30.  The filing deadline may be postponed by the board for not more than 60 days on written request or for an additional period for good cause, as determined by the chairman of the board.  The board shall maintain a financial disclosure statement for at least five years after the date of its filing.
Added by Acts 2005, 79th Leg., Ch. 1098 (H.B. 2217), Sec. 9, eff. June 18, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter I. Acquisition of Public School Land › Section 51.410. Reports of Expenditures

Sec. 51.410.  REPORTS OF EXPENDITURES.  A consultant, advisor, broker, or other person providing services to the board relating to the management and investment of the funds designated under Section 51.401 shall file with the board regularly, as determined by the board, a report that describes in detail any expenditure of more than $50 made by the person on behalf of:
(1)  a member of the board;
(2)  the commissioner; or
(3)  an employee of the board.
Added by Acts 2005, 79th Leg., Ch. 1098 (H.B. 2217), Sec. 9, eff. June 18, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter I. Acquisition of Public School Land › Section 51.411. Forms; Public Information

Sec. 51.411.  FORMS;  PUBLIC INFORMATION.  (a)  The board shall prescribe forms for:
(1)  statements of possible conflicts of interest and waivers of possible conflicts of interest under Section 51.409; and
(2)  reports of expenditures under Section 51.410.
(b)  A statement, waiver, or report described by Subsection (a) is public information.
(c)  The board shall designate an employee of the board to act as custodian of statements, waivers, and reports described by Subsection (a) for purposes of public disclosure.
Added by Acts 2005, 79th Leg., Ch. 1098 (H.B. 2217), Sec. 9, eff. June 18, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter I. Acquisition of Public School Land › Section 51.412. Report on Use of Certain Money

Sec. 51.412.  REPORT ON USE OF CERTAIN MONEY.  (a)  Not later than September 1 of each even-numbered year, the board shall submit to the legislature, the Texas Permanent School Fund Corporation, and the Legislative Budget Board a report that, specifically and in detail, assesses the direct and indirect economic impact, as anticipated by the board, of the use of funds:
(1)  retained by the board as provided by Section 51.011(a-3); or
(2)  designated under Section 51.401 for deposit in the real estate special fund account of the permanent school fund.
(b)  The board may not disclose information under this section that is confidential under applicable state or federal law.
(c)  The report must include the following information:
(1)  the total amount of the funds designated by Section 51.401 for deposit in the real estate special fund account of the permanent school fund that the board intends to use in a manner authorized under Section 51.402;
(2)  the amount of funds retained by the board as provided by Section 51.011(a-3) and the purposes for which the board intends to use those funds;
(3)  the amount of the funds the board expects to distribute to the available school fund or the Texas Permanent School Fund Corporation for investment in the permanent school fund under Section 51.413;
(4)   the amounts of all fees or other compensation paid by the board to investment consultants and advisors appointed or organizations contracted with under Section 51.4021; and
(5)  any other information the board considers necessary to include in the report.
Added by Acts 2005, 79th Leg., Ch. 1098 (H.B. 2217), Sec. 9, eff. June 18, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1368 (H.B. 3699), Sec. 7, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 524 (S.B. 608), Sec. 10, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 2.07, eff. December 31, 2022.
Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 2.08, eff. December 31, 2022.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter I. Acquisition of Public School Land › Section 51.413. Transfers From the Real Estate Special Fund Account to the Available School Fund and the Permanent School Fund

Sec. 51.413.  TRANSFERS FROM THE REAL ESTATE SPECIAL FUND ACCOUNT TO THE AVAILABLE SCHOOL FUND AND THE PERMANENT SCHOOL FUND.  (a)  The board may, by a resolution adopted at a regular meeting, release from the real estate special fund account funds previously designated under Section 51.401 or managed, used, or encumbered under Section 51.402 or Section 51.4021 to be deposited in the State Treasury to the credit of:
(1)  the available school fund; or
(2)  the Texas Permanent School Fund Corporation for investment in the permanent school fund.
(b)  The board shall adopt rules to establish the procedure that will be used by the board to determine the date a transfer will be made and the amount of the funds that will be transferred to the available school fund or to the Texas Permanent School Fund Corporation for investment in the permanent school fund from the real estate special fund account as provided by Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch. 1368 (H.B. 3699), Sec. 8, eff. June 15, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 735 (H.B. 1551), Sec. 1, eff. June 17, 2015.
Acts 2019, 86th Leg., R.S., Ch. 524 (S.B. 608), Sec. 11, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 2.09, eff. December 31, 2022.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter J. Grants › Section 51.501. Application for Grant

Sec. 51.501.  APPLICATION FOR GRANT.  A lessee of real property owned by the permanent school fund and used for grazing or agricultural purposes may apply to the commissioner for a grant to construct a permanent improvement on the leased property.
Added by Acts 2003, 78th Leg., ch. 1091, Sec. 31, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter J. Grants › Section 51.502. Source of Grant Money

Sec. 51.502.  SOURCE OF GRANT MONEY.  A grant under this subchapter shall be made from money collected for surface damages under Sections 52.297 and 53.155.
Added by Acts 2003, 78th Leg., ch. 1091, Sec. 31, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter J. Grants › Section 51.503. Appraisal Required

Sec. 51.503.  APPRAISAL REQUIRED.  (a)  Before a grant is made under Section 51.501, an appraiser employed by the land office must appraise the effect of the improvement for which a grant is sought on the value of the permanent school fund property.
(b)  If the appraiser finds that the improvement will increase the value of the real property in an amount at least equal to the amount the improvement will cost, the commissioner may authorize the disbursement of money to construct the improvement.
Added by Acts 2003, 78th Leg., ch. 1091, Sec. 31, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter J. Grants › Section 51.504. Evidence of Expenditure Required

Sec. 51.504.  EVIDENCE OF EXPENDITURE REQUIRED.  The commissioner shall require each lessee who receives a grant to provide copies of receipts, vouchers, or other evidence of expenditures for the improvement.
Added by Acts 2003, 78th Leg., ch. 1091, Sec. 31, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter J. Grants › Section 51.505. Improvements: Real Property of Permanent School Fund

Sec. 51.505.  IMPROVEMENTS:  REAL PROPERTY OF PERMANENT SCHOOL FUND.  Any improvement constructed with money disbursed under this subchapter is the real property of the permanent school fund.
Added by Acts 2003, 78th Leg., ch. 1091, Sec. 31, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter J. Grants › Section 51.506. Maintenance

Sec. 51.506.  MAINTENANCE.  As a condition for a grant under this subchapter, the commissioner shall require the grantee to agree in writing to maintain the improvement in a manner that will protect the best interest of the permanent school fund.
Added by Acts 2003, 78th Leg., ch. 1091, Sec. 31, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 51 - Land, Timber, and Surface Resources › Subchapter J. Grants › Section 51.507. Rules

Sec. 51.507.  RULES.  The commissioner shall adopt rules as necessary to administer this subchapter, including rules establishing a procedure for applying for a grant under Section 51.501 and for monitoring the maintenance of the improvement.
Added by Acts 2003, 78th Leg., ch. 1091, Sec. 31, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter A. General Provisions › Section 52.001. Definitions

Sec. 52.001.  DEFINITIONS.  In this chapter:
(1)  "Commissioner" means the Commissioner of the General Land Office.
(2)  "Land office" means the General Land Office.
(3)  "Board" means the school land board.
Acts 1977, 65th Leg., p. 2445, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.011. Area Subject to Lease

Sec. 52.011.  AREA SUBJECT TO LEASE.  Under the provisions of this subchapter, the board may lease to any person for the production of oil and natural gas:
(1)  islands, saltwater lakes, bays, inlets, marshes, and reefs owned by the state within tidewater limits;
(2)  the portion of the Gulf of Mexico within the jurisdiction of the state;
(3)  all unsold surveyed and unsurveyed public school land;  and
(4)  all land sold with a reservation of minerals to the state under Section 51.054 or 51.086 of this code in which the state has retained leasing rights.
Acts 1977, 65th Leg., p. 2445, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5245, ch. 965, Sec. 6, eff. June 19, 1983;  Acts 2003, 78th Leg., ch. 1276, Sec. 13.002(b), eff. Sept. 1, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.012. Conditions for Lease

Sec. 52.012.  CONDITIONS FOR LEASE.  Oil and gas shall only be leased together and shall be leased separately from other minerals.
Acts 1977, 65th Leg., p. 2445, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.013. Determination of Lease Price and Delay Rentals

Sec. 52.013.  DETERMINATION OF LEASE PRICE AND DELAY RENTALS.  The board shall determine the price at which areas under this subchapter shall be leased and the amount of delay rentals that shall be charged.
Acts 1977, 65th Leg., p. 2445, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.014. Date for Lease and Notice

Sec. 52.014.  DATE FOR LEASE AND NOTICE.  The date for opening bids to lease areas covered by this subchapter shall be set and notice of the date shall be given in the manner provided in Sections 32.105 and 32.107 of this code.
Acts 1977, 65th Leg., p. 2445, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 16, eff. Sept. 1, 1993.