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 D. Lease of Land › Section 51.131. Soil and Water Conservation Plans

Sec. 51.131.  SOIL AND WATER CONSERVATION PLANS.  (a)  For each lease issued under this subchapter for agricultural or grazing purposes, the commissioner may require the lessee to implement a soil and water conservation plan approved by the commissioner.  The commissioner, in reviewing a plan, and the lessee, in implementing a plan, may be assisted by the United States Department of Agriculture Natural Resources Conservation Service.
(b)  The commissioner by rule shall adopt a procedure for reviewing and approving soil and water conservation plans required by Subsection (a) of this section.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 34, eff. Sept. 1, 1985.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 23, eff. June 18, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 15.001, eff. September 1, 2023.
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 E. Sale and Lease of Vacancies › Section 51.171. Purpose; Application of Other Law

Sec. 51.171.  PURPOSE; APPLICATION OF OTHER LAW.  (a)  This subchapter controls the purchase and lease of vacant land and the authority of the commissioner and the board to:
(1)  determine whether a vacancy exists; and
(2)  sell and lease vacant land.
(b)  To the extent a provision of this subchapter conflicts with another law relating to vacant land or Chapter 2001, Government Code, this subchapter controls.
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.
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 E. Sale and Lease of Vacancies › Section 51.173. Disposition of Vacant Land

Sec. 51.173.  DISPOSITION OF VACANT LAND.  (a)  Vacant and unsurveyed public school land shall be located, sold, and leased under this subchapter, except:
(1)  submerged lands within tidewater limits;
(2)  all islands, flats, and emergent lands within tidewater limits;
(3)  natural lakes; and
(4)  riverbeds, including channels and islands in riverbeds, above tidewater limits.
(b)  This subchapter does not alter or diminish the public domain status of the surface estate of riverbeds and channels and islands in riverbeds that are located above tidewater limits.
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.
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 E. Sale and Lease of Vacancies › Section 51.174. General Powers and Duties of Commissioner

Sec. 51.174.  GENERAL POWERS AND DUTIES OF COMMISSIONER.  (a)  The commissioner may:
(1)  delegate responsibility for implementing this subchapter;
(2)  perform any other act necessary to administer and implement the purposes of this subchapter, including entering into a contract with a private party to provide the notices required under this subchapter; and
(3)  terminate without prejudice a vacancy application if an applicant fails to comply with this subchapter or a rule adopted under this subchapter.
(b)  The commissioner may grant an extension of time to comply with a requirement under this subchapter.  For each application, the commissioner may grant not more than a total of 30 days in extensions of time to comply with one or more requirements of this subchapter, excluding any extensions of time related to the survey report under this subchapter.  The commissioner may grant not more than 90 days in extensions of time to comply with a requirement related to the survey report under this subchapter.
(c)  The commissioner shall adopt rules necessary and convenient to administer this subchapter.
(d)  The commissioner shall advise the board relating to the market value of the surface, mineral, and leasehold estates of vacant land.
Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 280, Sec. 24, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 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 E. Sale and Lease of Vacancies › Section 51.175. General Powers and Duties of Board

Sec. 51.175.  GENERAL POWERS AND DUTIES OF BOARD.  (a)  The board shall set the terms and conditions for each sale and lease of a vacancy.
(b)  The board shall adopt rules governing the terms and conditions for the sale and lease of a vacancy.  The rules shall be adopted and amended as necessary to be consistent with real property law of this state and other applicable law.
(c)  The board may adopt rules governing mineral classification, royalty reservations, and awards of royalty reservations and preferential rights to an applicant or to a good-faith claimant in addition to the provisions prescribed by this subchapter.
Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 280, Sec. 25, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 E. Sale and Lease of Vacancies › Section 51.193. Application for and Determination of Good-Faith-Claimant Status

Sec. 51.193.  APPLICATION FOR AND DETERMINATION OF GOOD-FAITH-CLAIMANT STATUS.  (a)  A necessary party may apply for good-faith-claimant status not later than the 90th day after the date the commissioner issues a final order finding that a vacancy exists.
(b)  The application must include certified copies of the applicable county records supporting the good-faith claimant's status.
(c)  Not later than the 120th day after the date the commissioner issues a final order finding that a vacancy exists, the commissioner shall declare whether a necessary party is a good-faith claimant.
(d)  A person who is denied good-faith-claimant status may:
(1)  request a hearing by the commissioner; or
(2)  appeal the denial as part of any appeal of a final order finding that a vacancy exists.
(e)  If the commissioner grants a hearing, the commissioner shall:
(1)  determine the scope of the hearing;
(2)  provide timely notice of the time and place of the hearing to each necessary party; and
(3)  provide each necessary party an opportunity to be heard.
(f)  A declaration of good-faith-claimant status grants a preferential right to the claimant to purchase or lease the land or an interest in the land as provided by Section 51.194.  The declaration does not confer any other rights.
Amended by:
Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 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 E. Sale and Lease of Vacancies › Section 51.194. Preferential Right of Good-Faith Claimant

Sec. 51.194.  PREFERENTIAL RIGHT OF GOOD-FAITH CLAIMANT.  (a)  A good-faith claimant who has been notified by the commissioner that a vacancy exists under this subchapter has a preferential right to purchase or lease the interest claimed in the land before the land was declared vacant.  The preferential right may be exercised after a final judicial determination or after the commissioner's final order and the period for filing an appeal has expired.
(a-1)  If a good-faith claimant does not apply to purchase or lease the interest before the later of the 121st day after the date the commissioner's order becomes final or the 60th day after the date of the final judicial determination of an appeal under this subchapter, then the good-faith claimant's preferential right expires.
(a-2)  If a good-faith claimant does not close a transaction to purchase or lease the interest before the 121st day after the date the terms and conditions are determined by the board, then the good-faith claimant's preferential right expires.
(b)  A good-faith claimant may purchase or lease the vacancy by submitting a written application to the board.
(c)  A good-faith claimant that owns a separate surface interest, a contractual right to a mineral or leasehold interest, a leasehold interest, or a royalty interest in the land occupied or used that is found to be part of or to include a vacancy is entitled to purchase or lease that same interest in the portion of the land determined to be vacant  at the price and under the conditions set by the board and in accordance with the law in effect on the date the application is filed.
(d)  If the interest purchased under Subsection (c) is less than a permanent interest, then:
(1)  the interest purchased is limited to the duration of a deed, contract, instrument, or lease in existence before the filing of the vacancy application and subject to a division of the amount of the royalty between the state and the existing royalty owners, provided that the state retains at least one-half of the amount of the royalty interest; and
(2)  the interest and any remaining mineral interest, including all executory rights, vest with the state at the expiration of the deed, contract, instrument, or lease.
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. 31, eff. June 19, 2009.
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 E. Sale and Lease of Vacancies › Section 51.195. Purchase or Lease by Applicant

Sec. 51.195.  PURCHASE OR LEASE BY APPLICANT.  (a)  If no good-faith claimant exists or if no good-faith claimant exercises a preferential right within the applicable period, the applicant has a preferential right to purchase or lease the land determined to be vacant on or before the 60th day after the date:
(1)  the commissioner determines that no good-faith claimant exists; or
(2)  the period for a good-faith claimant to exercise a preferential right to purchase or lease the land determined to be vacant expires.
(b)  If a good-faith claimant exercises the claimant's preferential right in the land determined to be vacant, the applicant has a preferential right to either:
(1)  an award by the board of a perpetual 1/32 nonparticipating royalty of the full mineral interest of the vacancy; or
(2)  a preferential right to purchase or lease any remaining interest in the land determined to be vacant.
(c)  If a lease described by Section 51.194(d)(1) exists on the land determined to be vacant, the applicant's 1/32 nonparticipating royalty interest, as described by Subsection (b)(1), shall be taken from the state's royalty interest as reserved under Section 51.194(d)(1) for the duration of the lease, provided that the applicant's share for the duration of the lease may never equal more than the interest retained by the state.
(d)  An applicant who exercises a preferential right under Subsection (a) or (b)(2) may purchase or lease the land or an interest in the land:
(1)  at the price set by the board;
(2)  subject to the royalty reservations provided by the board; and
(3)  in accordance with the law in effect on the date the application is filed.
Amended by:
Acts 2005, 79th Leg., Ch. 874 (S.B. 1103), Sec. 1, eff. June 17, 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 F. Patents › Section 51.241. Issuance of Patent

Sec. 51.241.  ISSUANCE OF PATENT.  The commissioner shall issue a patent when the records of his office reflect that full payment for land has been made where required and fees that are due on the land have been paid to the land office and have not been withdrawn, including the fee for recording the patent in the county or counties in which the land is located.
Acts 1977, 65th Leg., p. 2435, 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 F. Patents › Section 51.242. Patent Fees

Sec. 51.242.  PATENT FEES.  When a person applies for a patent, he shall pay to the land office in addition to all other required payments a fee set by the commissioner in an amount not less than $1 for each county in which all or a part of the land is located and shall give the name and address of the owner or agent.
Acts 1977, 65th Leg., p. 2435, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 404, ch. 81, Sec. 21(h), 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 F. Patents › Section 51.243. Requisites of a Patent

Sec. 51.243.  REQUISITES OF A PATENT.  (a)  Each patent for land from the state shall be issued in the name and by authority of the state under the state seal and the land office seal and shall be signed by the governor and countersigned by the commissioner.
(b)  Before the patent is delivered to the person who is entitled to it, it shall be registered in the land office patent book.
Acts 1977, 65th Leg., p. 2436, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 300, Sec. 35, eff. Aug. 30, 1993.
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 51.244. Delivery of Patent

Sec. 51.244.  DELIVERY OF PATENT.  (a)  When a patent is ready for delivery, the commissioner shall send it, together with the check for payment of the fee required by Section 51.242 of this code and the name and address of the owner or his agent, by certified mail to the clerk of the proper county.
(b)  On receiving the patent, the clerk shall record it and shall send the patent, together with the name and address of the owner or his agent and the remaining recording fees, by certified mail to the clerk of another proper county until the patent has been recorded in each county in which all or part of the land is located.
(c)  After the patent is recorded in all the proper counties, it shall be sent by certified mail to the proper party.
Acts 1977, 65th Leg., p. 2436, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1995, 74th Leg., ch. 354, Sec. 2, eff. Aug. 28, 1995.
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 51.245. Deceased Patentee

Sec. 51.245.  DECEASED PATENTEE.  A patent issued in the name of a person who is deceased at the time the patent is issued conveys and secures valid title to the heirs or assignee of the deceased person.
Acts 1977, 65th Leg., p. 2436, 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 F. Patents › Section 51.246. Acquisition of Deed of Acquittance to Excess Acreage

Sec. 51.246.  ACQUISITION OF DEED OF ACQUITTANCE TO EXCESS ACREAGE.  (a)  If the area of a tract of land that is titled or patented exceeds the quantity provided in the title or patent and if under the existing law the title to all or a part of the tract may be affected by the existence of the excess acreage, the person who owns the survey or portion of the survey or has an interest in it may pay for the total excess acreage in the survey or the total excess in a given tract out of the patented or titled survey at the price fixed by the board.
(b)  Any person who owns an interest in a titled or patented survey or any portion of a titled or patented survey in which excess acreage is located and who desires to pay for the excess acreage shall file with the commissioner a request for a determination of market value by an appraiser with corrected field notes in the form provided by law, together with a sworn statement of facts relating to his right to purchase and other evidence of his right to purchase which may be required by the commissioner.  The corrected field notes shall describe the patented tract, and if purchasing excess in a portion of a tract, shall include a description of the portion in which the applicant is making application to purchase excess.
(c)  If it appears that excess acreage actually exists and that the applicant is entitled to obtain it under the law, the commissioner shall execute a deed of acquittance covering the land in the name of the original patentee or his assignees with a mineral reservation or with no mineral reservation accordingly as may have been the case when the survey was titled or patented.
(d)  The transfer shall inure distributively to the benefit of the lawful owners of the land in proportion to their holdings.
Acts 1977, 65th Leg., p. 2436, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 26, 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 F. Patents › Section 51.247. Patents for Land That Cannot Be Patented by Other Methods

Sec. 51.247.  PATENTS FOR LAND THAT CANNOT BE PATENTED BY OTHER METHODS.  (a)  Any headright survey, homestead donation, preemption survey, scrip survey, or other survey awarded or sold before August 20, 1931, which has been held and claimed in good faith by a person for 10 years before the date of application for a patent but which cannot be patented under existing law may be patented on payment to the commissioner of the purchase price as set by the board.
(b)  The patent shall be issued to the owner of record as shown in the records of the land office and shall inure distributively to the legal owners of the land.
(c)  If a tract of school land has been occupied by mistake as part of another tract, the occupant shall have a preference right for a period of six months after discovery of the mistake to purchase the land at the same price paid or contracted to be paid for the land actually conveyed to him.
Acts 1977, 65th Leg., p. 2436, 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 F. Patents › Section 51.248. Doubtful Claim

Sec. 51.248.  DOUBTFUL CLAIM.  If it appears to the commissioner from the records of his office or from information given to him under oath that there is an illegality in a claim, the commissioner, if he considers it necessary, shall refer the matter to the attorney general, and the attorney general's written decision is sufficient authority for the commissioner to issue or withhold the patent.
Acts 1977, 65th Leg., p. 2437, 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 F. Patents › Section 51.249. Conflicting Surveys

Sec. 51.249.  CONFLICTING SURVEYS.  If conflicts exist between surveys, the commissioner shall issue patents to the portions of the surveys that are free from conflict.
Acts 1977, 65th Leg., p. 2437, 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 F. Patents › Section 51.250. Conflicting Title

Sec. 51.250.  CONFLICTING TITLE.  (a)  If a patent to land is issued by mistake on any valid claim for land and is afterwards found to be in conflict with an older title, the owner of the patent or any part of the land embraced by the patent which is in conflict may return the patent to the commissioner for cancellation.  If the owner of the land that is the subject of the conflict cannot obtain the patent, he shall return to the commissioner legal evidence of his title to the patent or part of the patent.
(b)  The person returning the patent or filing the evidence also shall make and file with the commissioner an affidavit stating that he is still the owner of the land and has not sold or transferred it.
(c)  If the land office records or a duly certified copy of a judgment of a court of competent jurisdiction that has adjudicated the title reflects that a conflict exists, the commissioner may cancel the patent or the part of a patent that appears to belong to the party making the application.
(d)  In cases where a survey in a block or system of surveys conflicts on one side or more, and omits an unpatented strip on another side or sides due to the patent being issued on an erroneous subsequent survey not conforming to the original and recognized pattern for the block or system, the commissioner, at the request of all parties owning under said patent, may cancel said patent and issue a corrected patent that shall conform to said block or system of surveys.  In the event that excess acreage exists, a deed of acquittance shall be procured, as provided by law, and will be issued simultaneously with the corrected patent.  This Subsection (d) shall not adversely affect the rights of any party in or entitled to possession of land affected by this subsection, but merely clarifies that the ownership in any land in a block or system of surveys exists as if the patent had been correctly issued on the date the erroneous patent was issued.  The rights of a claimant under applicable law shall be construed as if the corrected patent had been originally issued.
Acts 1977, 65th Leg., p. 2437, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 2239, ch. 535, Sec. 1, eff. Aug. 31, 1981.
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 51.251. Partial Conflict of Title

Sec. 51.251.  PARTIAL CONFLICT OF TITLE.  If there is only a partial conflict of title under a patent, the commissioner in the manner provided in Section 51.250 of this code may cancel any patent presented to him and issue a patent to the applicant for the portion of the land that is covered by his original patent but that is not in conflict with the older title if the area can be determined from the field notes.
Acts 1977, 65th Leg., p. 2437, 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 F. Patents › Section 51.252. Refund of Purchase Money

Sec. 51.252.  REFUND OF PURCHASE MONEY.  (a)  If a patent cannot be issued for land because of a conflict, erroneous survey, or illegal sale or if a patent is issued for land and is later canceled, the comptroller, on proper proof, may issue his warrant to the proper parties for amounts paid in good faith to the State Treasury for taxes, lease payments, or purchase payments on this land.
(b)  Proof of these good-faith payments may be shown by the certificate of the commissioner if the records of the land office show that a patent cannot be issued because of conflict, erroneous survey, or illegal sale or that a patent has been canceled.
(c)  The provisions of this section do not apply to surveys on which the errors may be corrected.
Acts 1977, 65th Leg., p. 2437, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.