reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 40 - Oil Spill Prevention and Response Act of 1991 › Subchapter F. Enforcement › Section 40.255. Actions

Sec. 40.255.  ACTIONS.  (a)  The commissioner may seek injunctive relief to prevent a violation of this chapter from continuing or occurring.
(b)  All actions on behalf of the state to enforce this chapter or recover civil penalties, unpaid administrative penalties, claims of the fund, response costs, and damages arising under this chapter shall be brought by the attorney general at the direction of the commissioner.  In any such action in which the state prevails, the state shall be entitled to recover reasonable attorney fees.
(c)  Repealed by Acts 1993, 73rd Leg., ch. 776, Sec. 10, eff. Sept. 1, 1993.
(d)  Each owner or operator of a terminal facility or vessel subject to the provisions of this chapter shall designate a person in the state as his legal agent for service of process, and such designation shall be filed with the secretary of state.  In the absence of such designation, the secretary of state shall be the designated agent for purposes of service of process under this chapter.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1993, 73rd Leg., ch. 776, Sec. 10, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 40 - Oil Spill Prevention and Response Act of 1991 › Subchapter F. Enforcement › Section 40.256. Individual Cause of Action

Sec. 40.256.  INDIVIDUAL CAUSE OF ACTION.  The remedies in this chapter are cumulative and not exclusive.  This chapter does not require pursuit of any claim against the fund as a condition precedent to any other remedy, nor does this chapter prohibit any person from bringing an action at common law or under any other law not inconsistent with this chapter for response costs or damages resulting from a discharge or other condition of pollution covered by this chapter.  No such action shall collaterally estop or bar the commissioner in any action brought by the commissioner under this chapter.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 40 - Oil Spill Prevention and Response Act of 1991 › Subchapter F. Enforcement › Section 40.257. Venue

Sec. 40.257.  VENUE.  (a)  Venue for all actions and prosecution of all offenses under this chapter may be brought in Travis County or in any county where the violation of this chapter that is the subject of the action or prosecution occurred.
(b)  All appeals from administrative proceedings under this chapter shall be filed in a district court of Travis County, Texas, pursuant to Chapter 2001, Government Code.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 40 - Oil Spill Prevention and Response Act of 1991 › Subchapter F. Enforcement › Section 40.258. Federal Law

Sec. 40.258.  FEDERAL LAW.  (a)  (1) The commissioner shall promulgate rules that, to the greatest extent practicable, conform to the national contingency plan and rules promulgated under federal law.
(2)  The commissioner may impose requirements under such rules that are in addition to or vary materially from federal requirements if the state interests served by the requirements substantially outweigh the burdens imposed on those subject to the requirements.
(3)  Any request for judicial review of any rule must be filed in a district court in Travis County within 90 days of the effective date of the rule or plan challenged.
(4)  Any matter subject to judicial review under Subdivisions (1) through (3) of this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or for recovery of response costs or damages.
(b)  In implementing this chapter, the commissioner to the greatest extent practicable shall employ federal funds unless federal funds will not be available in an adequate period of time.
(c)  All federal funds received by the state relating to response to unauthorized discharges of oil under this chapter shall be deposited in the fund.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 2003, 78th Leg., ch. 146, Sec. 15, eff. Sept. 1, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 40 - Oil Spill Prevention and Response Act of 1991 › Subchapter G. Miscellaneous Provisions › Section 40.301. Interstate Compacts

Sec. 40.301.  INTERSTATE COMPACTS.  The commissioner may enter into compacts or agreements with other states consistent with and to further the purposes of this chapter.  The commissioner may also participate in initiatives to develop multistate and international standards and cooperation on unauthorized discharge prevention and response.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 40 - Oil Spill Prevention and Response Act of 1991 › Subchapter G. Miscellaneous Provisions › Section 40.302. Institutions of Higher Education

Sec. 40.302.  INSTITUTIONS OF HIGHER EDUCATION.  The commissioner by interagency contract shall enter into agreements with state institutions of higher education for research, testing, and development of oil discharge prevention and response technology, oil discharge response training, wildlife and natural resources rescue and rehabilitation, development of computer models to predict the movements and impacts of unauthorized discharges of oil, and other purposes consistent with and in furtherance of the purposes of this chapter.  Contracts or agreements relating to wildlife and aquatic resources shall be made in coordination with the Parks and Wildlife Department.  To the greatest extent possible, contracts shall be coordinated with studies being done by other state agencies, the federal government, or private industry to minimize duplication of efforts.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 40 - Oil Spill Prevention and Response Act of 1991 › Subchapter G. Miscellaneous Provisions › Section 40.304. Small Spill Education Program

Sec. 40.304.  SMALL SPILL EDUCATION PROGRAM.  The commissioner shall develop and conduct a voluntary spill prevention education program that targets small spills from commercial fishing vessels, offshore support vessels, ferries, cruise ships, ports, marinas, and recreational boats.  The small spill education program shall illustrate ways to reduce oil contamination of bilge water, accidental spills of motor oil and hydraulic fluid during routine maintenance, and spills during refueling.  The program shall illustrate proper disposal of oil and promote strategies to meet shoreside oil handling and disposal needs of targeted groups.  The program shall include a series of training materials and workshops and the development of educational materials.
Added by Acts 1993, 73rd Leg., ch. 776, Sec. 11, eff. Sept. 1, 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 B. Provisions Generally Applicable › Section 51.012. Commissioner's Authority

Sec. 51.012.  COMMISSIONER'S AUTHORITY.  Subject to the authority of the board and to exceptions and restrictions that may be imposed by the constitution and laws of this state, the commissioner is vested with the authority necessary to carry out the provisions of this chapter relating to the sale and lease of public school land and to the protection of this land from free use and occupancy and from unlawful enclosure.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 3, 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 B. Provisions Generally Applicable › Section 51.0125. Land Used by State Agency

Sec. 51.0125.  LAND USED BY STATE AGENCY.  Land that belongs to the permanent school fund as a result of having been deeded or given to the state and that has been used in the past by a state agency shall be first offered for sale or lease to state agencies before it can be sold or leased to any other party.  No permanent school fund land may be used by a state agency without market value compensation to the permanent school fund.
Added by Acts 1993, 73rd Leg., ch. 991, Sec. 12, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 4, 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 B. Provisions Generally Applicable › Section 51.013. Classification of Land

Sec. 51.013.  CLASSIFICATION OF LAND.  (a)  As the public interest may require, the commissioner shall classify or reclassify all public school land and shall include a designation of the land, including a classification as agricultural, grazing, timber, or a combination of these classifications based on the facts in the particular case.
(b)  After the classification is entered on the records of the land office, no further action needs to be taken by the commissioner and no notice is required to be given to the county clerk for the classification to be effective.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 5, eff. June 18, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 14, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 15, 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 B. Provisions Generally Applicable › Section 51.014. Rules

Sec. 51.014.  RULES.  The commissioner may adopt rules necessary to carry out the provisions of this chapter and may alter or amend the rules to protect the public interest.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 16, 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 B. Provisions Generally Applicable › Section 51.015. Forms

Sec. 51.015.  FORMS.  The commissioner shall adopt forms that are necessary or proper to transact business that he is required to transact and may request that the attorney general prepare the forms.
Acts 1977, 65th Leg., p. 2418, 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 B. Provisions Generally Applicable › Section 51.016. Duties of the Attorney General

Sec. 51.016.  DUTIES OF THE ATTORNEY GENERAL.  The attorney general shall furnish the commissioner with advice and legal assistance that may be required to execute the provisions of this chapter.
Acts 1977, 65th Leg., p. 2418, 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 B. Provisions Generally Applicable › Section 51.017. Furnishing Data to Texas Permanent School Fund Corporation

Sec. 51.017.  FURNISHING DATA TO TEXAS PERMANENT SCHOOL FUND CORPORATION.  On request, the commissioner shall furnish to the Texas Permanent School Fund Corporation all available data.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 2.03, 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 B. Provisions Generally Applicable › Section 51.018. Records and Accounts

Sec. 51.018.  RECORDS AND ACCOUNTS.  The commissioner shall keep in his custody as records of his office each application, affidavit, obligation, and paper relating to the sale and lease of public school land and shall keep accurate accounts with each purchaser or lessee.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 6, 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 B. Provisions Generally Applicable › Section 51.019. Special Fee

Sec. 51.019.  SPECIAL FEE.  Each bidder on a mineral lease or land sale by the board shall remit by separate check a special sale fee in the amount and in the manner provided in Section 32.110 of this code.
Acts 1977, 65th Leg., p. 2419, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 624, Sec. 32, eff. Sept. 1, 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 B. Provisions Generally Applicable › Section 51.020. Refunds

Sec. 51.020.  REFUNDS.  (a)  On presentation of proper proof, money paid in good faith to a fund in the State Treasury for public land or by a lessee of public land or minerals to which the fund is not entitled may be offset or credited by the commissioner against other sums owing or shall be refunded by the comptroller in the following instances:
(1)  if an error is made in good faith and the refund, stating to whom payment is to be made, is supported by the official signature of the commissioner or the attorney general;
(2)  if the payment is made according to law but title cannot issue or possession cannot pass because of a conflict in boundaries, an erroneous sale, an erroneous lease, or other cause;
(3)  if there is a sale of leased land;
(4)  if lease money is paid on a previous forfeited sale and the sale has been reinstated and the interest paid;
(5)  if erroneous timber sales or leases have been made;
(6)  if overpayments have been made in final payments to the comptroller because of decreased acreage or other cause;
(7)  if reduction has been made in acreage of timber sold or leased;  or
(8)  if payments are made in good faith by claimants of land where the applicants have no right to purchase the land as revealed by investigation of title.
(b)  After specific appropriations are made according to law, refunds shall be paid from the funds to which the payments have been credited.
(c)  Any claim for refund except a refund covered by Subdivision (1) of Subsection (a) of this section shall be certified by the commissioner, verified by the affidavit of the claimant, and approved by the attorney general as to the correctness and as to whom the refund is due.
(d)  In the event of a failure of title or right of possession, money paid by any purchaser or lessee who subsequently sells the land or assigns the lease shall be refunded to the person on whom the loss falls.
Acts 1977, 65th Leg., p. 2419, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 642, Sec. 5, eff. Aug. 26, 1991;  Acts 1997, 75th Leg., ch. 1423, Sec. 14.03, eff. Sept. 1, 1997.
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 C. Sale of Public School and Asylum Land › Section 51.051. Sale of Land

Sec. 51.051.  SALE OF LAND.  All sales of land described in Section 51.011 shall be made by or under the direction of the school land board.
Acts 1977, 65th Leg., p. 2419, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 1098 (H.B. 2217), Sec. 5, 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 C. Sale of Public School and Asylum Land › Section 51.054. Reservation of Minerals

Sec. 51.054.  RESERVATION OF MINERALS.  (a)  Except as otherwise provided in this section, land dedicated to the permanent school fund shall be sold subject to a reservation set by the board of not less than one-eighth of all sulphur and other mineral substances from which sulphur may be derived or produced and not less than one-sixteenth of all other minerals to the state;  provided, that if leasing rights are retained hereunder, the reserved minerals shall be subject to lease as provided by Subchapter B, Chapter 52, Natural Resources Code, and Subchapters B and E, Chapter 53, Natural Resources Code.  The mineral reservation to the state shall be determined by the board before the land is offered for sale.  If the board determines that a mineral reservation under this section would substantially reduce the value of the surface of land by restricting its suitability for agricultural, commercial, or residential use, the board may take such action or waive such rights as are in the best interest of the permanent school fund, including, without limitation, establishing designated exploration or drilling sites, waiving surface or other rights of access or development, or conveying the land with no mineral reservation.
(b)  Land that is set apart for the various asylum funds shall be sold with the oil, gas, coal, and all other minerals reserved to the fund to which the land belongs.
(c)  The provisions of this section do not apply to oil and gas sold from public school land covered by Subchapter F, Chapter 52, of this code.
(d)  The provisions of this section do not apply to vacancies covered by Section 51.201 of this code.
(e)  An oil, gas, or other mineral lease on land in which the state reserves a mineral or royalty interest is not effective until a certified copy of the recorded lease is filed in the General Land Office.
Acts 1977, 65th Leg., p. 2420, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5243, ch. 965, Sec. 2, eff. June 19, 1983;  Acts 1985, 69th Leg., ch. 923, Sec. 3, eff. Aug. 26, 1985;  Acts 1995, 74th Leg., ch. 354, Sec. 3, eff. Aug. 28, 1995;  Acts 2003, 78th Leg., ch. 280, Sec. 8, 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 C. Sale of Public School and Asylum Land › Section 51.0551. Lists of Public Land Offered for Sale: Criminal Penalties

Sec. 51.0551.  LISTS OF PUBLIC LAND OFFERED FOR SALE:  CRIMINAL PENALTIES.  (a)  A person, including a corporation or an association, commits an offense if he reproduces, prints, or prepares or sells or furnishes a printed, multigraphed, or mimeographed list prepared by or under the direction of the commissioner offering for sale or lease any state or public school land.
(b)  This section does not prohibit the commissioner or land board from advertising in a newspaper or otherwise as is provided by law nor a newspaper or periodical from publishing the list in a regular issue as a news item.
(c)  An offense under this section is a misdemeanor punishable by a fine of not more than $1,000.
Added by Acts 1983, 68th Leg., p. 1021, ch. 235, art. 5, Sec. 1(a), 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 C. Sale of Public School and Asylum Land › Section 51.056. Application or Request to Purchase Land

Sec. 51.056.  APPLICATION OR REQUEST TO PURCHASE LAND.  A person who wants to purchase public school land shall submit to the commissioner a written application or request in a form designated by the commissioner.
Acts 1977, 65th Leg., p. 2420, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5243, ch. 965, Sec. 3, eff. June 19, 1983;  Acts 1987, 70th Leg., ch. 208, Sec. 5, eff. Aug. 31, 1987;  Acts 2003, 78th Leg., ch. 280, Sec. 9, eff. June 18, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 18, 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 C. Sale of Public School and Asylum Land › Section 51.065. Notice and Record of Sale

Sec. 51.065.  NOTICE AND RECORD OF SALE.  (a)  The commissioner shall send a written notice of the sale of a tract of public school land to the county clerk of the proper county that includes the name and address of the purchaser and the price of the land.
(b)  After receiving a notice of the sale of public school land, the county clerk shall record the notice at no charge in the official public records of the county.
(c)  The notice of sale is a public record.
Acts 1977, 65th Leg., p. 2422, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 12, eff. June 18, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 370 (H.B. 3423), Sec. 1, eff. September 1, 2017.
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 C. Sale of Public School and Asylum Land › Section 51.066. Land Award

Sec. 51.066.  LAND AWARD.  (a)  The commissioner shall prepare and issue a land award for each tract of sovereign land sold.
(b)  Each land award shall be appropriately numbered and shall be worded in a manner that will constitute a receipt for the first or full payment after it is signed by the commissioner.
(c)  One copy of the land award shall be retained in the land office, one copy shall be sent to the purchaser, and one copy shall be sent to the county clerk of the proper county to be recorded at no charge in the official public records of the county.
Acts 1977, 65th Leg., p. 2422, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 19, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 370 (H.B. 3423), Sec. 2, eff. September 1, 2017.
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 C. Sale of Public School and Asylum Land › Section 51.067. Information Required With Payments

Sec. 51.067.  INFORMATION REQUIRED WITH PAYMENTS.  A person who is making a payment of principal, interest, or lease rental on land shall give the name of the original purchaser or lessee and shall sufficiently designate the land.
Acts 1977, 65th Leg., p. 2422, 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 C. Sale of Public School and Asylum Land › Section 51.068. Fund Accounts

Sec. 51.068.  FUND ACCOUNTS.  (a)  Payments of principal, interest, and lease rental shall be accounted for in a similar form but separate from first payments on land.
(b)  The comptroller shall deposit 90 percent of the payments on land received each month to the probable fund to which the payments belong as indicated by the commissioner and shall hold the remaining 10 percent of the payments in the suspense account until the comptroller receives notice from the commissioner indicating the proper fund for the payments.  After notice is received, the comptroller shall credit the full amount to the proper fund.
(c)  The commissioner and comptroller shall keep an account with each fund according to advices given by them and shall retain the advices as permanent records.
Added by Acts 2015, 84th Leg., R.S., Ch. 3 (S.B. 903), Sec. 5, eff. September 1, 2015.
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 C. Sale of Public School and Asylum Land › Section 51.069. Disposition of Payments on Public School Land

Sec. 51.069.  DISPOSITION OF PAYMENTS ON PUBLIC SCHOOL LAND.  Payments on public school land received by the commissioner, including payments received as interest on the purchase of public school land, shall be transmitted to the comptroller to be credited to the permanent school fund.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 14.09, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 328, Sec. 5, eff. Jan. 1, 2004.
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 C. Sale of Public School and Asylum Land › Section 51.070. Unpaid Principal on Public School Land Sales

Sec. 51.070.  UNPAID PRINCIPAL ON PUBLIC SCHOOL LAND SALES.  (a)  Unpaid and delinquent principal on sales of public school land shall bear interest at a rate set by the board, which principal and interest shall be payable at the times and on such terms as are established by the board.
(b)  No patent may be issued for any public school land until all principal, accrued interest, late charges, and other fees and expenses are paid in full.
(c)  Any unpaid principal and interest is considered delinquent on the 30th day after the date payment of the principal and interest is due for the obligation.
(d)  After the payment of principal and interest becomes delinquent under the obligation, notice of delinquency and subsequent potential forfeiture must be provided by certified mail, return receipt requested, to the last known address of the obligee and must be documented in the records of the land office.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5244, ch. 965, Sec. 4, eff. June 19, 1983;  Acts 1995, 74th Leg., ch. 354, Sec. 1, eff. Aug. 28, 1995;  Acts 2003, 78th Leg., ch. 280, Sec. 13, eff. June 18, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 20, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 21, 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 C. Sale of Public School and Asylum Land › Section 51.071. Forfeiture of Land

Sec. 51.071.  FORFEITURE OF LAND.  (a)  If principal, accrued interest, late charges, and other fees and expenses on a sale of sovereign land are not paid when due as required by the terms set by the board, the land is subject to forfeiture by the commissioner by entry on the file containing the papers "Land Forfeited" or similar words, the date of the forfeiture, and the official signature of the commissioner.
(b)  After the entry is made on the file, the land and all payments that have been made for it are forfeited to the state, and the land may be resold in accordance with the provisions of this subchapter.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5244, ch. 965, Sec. 5, eff. June 19, 1983;  Acts 2003, 78th Leg., ch. 280, Sec. 14, eff. June 18, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 22, 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 C. Sale of Public School and Asylum Land › Section 51.072. Effect of Forfeiture

Sec. 51.072.  EFFECT OF FORFEITURE.  In cases of forfeiture, the original obligations and reinstatement fees are as binding as if no forfeiture occurred.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 15, 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 C. Sale of Public School and Asylum Land › Section 51.073. Classification and Sale of Leased and Forfeited Land

Sec. 51.073.  CLASSIFICATION AND SALE OF LEASED AND FORFEITED LAND.  Before it is sold, the commissioner shall classify and determine the market value of land on which leases have expired and land forfeited to the state.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 16, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 387 (S.B. 654), Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 23, 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 C. Sale of Public School and Asylum Land › Section 51.074. Reinstatement of Land Purchases

Sec. 51.074.  REINSTATEMENT OF LAND PURCHASES.  (a)  If no rights of third persons have intervened, the purchasers or their vendees, heirs, or legal representatives, who claim land that has been forfeited for nonpayment of principal and interest, may have the claim reinstated on written request by paying into the State Treasury the amount of all principal and interest due on the claim up to the date of reinstatement.
(b)  The right to reinstate a claim under this section is limited to the last purchaser from the state, or his vendees, heirs, or legal representatives, and must be exercised within six months from the date of the forfeiture.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 17, 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 C. Sale of Public School and Asylum Land › Section 51.075. Forfeiture of a Deceased Purchaser's Land

Sec. 51.075.  FORFEITURE OF A DECEASED PURCHASER'S LAND.  (a)  If a purchaser of land dies, the heirs or legal representatives of the deceased have one year following November 1 after the purchaser's death in which to make payment before the commissioner declares the land to be forfeited.
(b)  If the forfeiture is declared by the commissioner within the time period stated in Subsection (a) of this section, it will be set aside on proper proof of death if no rights of third parties have intervened.
Acts 1977, 65th Leg., p. 2424, 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 C. Sale of Public School and Asylum Land › Section 51.076. Legal Proceedings

Sec. 51.076.  LEGAL PROCEEDINGS.  None of the provisions of Sections 51.071 through 51.072 and 51.074 through 51.075 of this code shall prevent the state from instituting legal proceedings necessary:
(1)  to enforce a forfeiture;
(2)  to recover the full amount of principal and interest that may be owed to the state at the time the forfeiture occurred;  or
(3)  to protect another right to the land.
Acts 1977, 65th Leg., p. 2424, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 18, 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 C. Sale of Public School and Asylum Land › Section 51.077. Lien

Sec. 51.077.  LIEN.  To secure the payment of principal and interest due on a sale of public school land and university land the state has an express lien for the use and benefit of the fund to which the land belongs.  The lien is in addition to any right and remedy that the state has for enforcement of the payment of principal and interest due and unpaid, up to and including the period required to reinstate the land award and obligation.
Acts 1977, 65th Leg., p. 2424, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 19, 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 C. Sale of Public School and Asylum Land › Section 51.0771. Reinstatement Fee

Sec. 51.0771.  REINSTATEMENT FEE.  (a)  A reinstatement fee is due when a forfeited award is reinstated.  The reinstatement fee is calculated at one and one-half percent of all amounts delinquent at the time of the reinstatement.
(b)  The comptroller must receive the reinstatement fee before the forfeited award is reinstated.
(c)  Amounts received in the form of a reinstatement fee are considered proceeds from the sale of permanent school fund land and shall be deposited in the permanent school fund.
Added by Acts 2003, 78th Leg., ch. 280, Sec. 20, 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 C. Sale of Public School and Asylum Land › Section 51.078. Transfer of Indebtedness

Sec. 51.078.  TRANSFER OF INDEBTEDNESS.  (a)  If a person or the Federal Farm Loan Bank, with the consent of the owner of land covered by Section 51.077 of this code, pays to the state the principal and interest due on any obligation given for the land, the commissioner, on written request of the owner, may execute, acknowledge, and deliver to the person or the Federal Farm Loan Bank a written transfer of the indebtedness held by the state.  The written request of the owner shall be acknowledged in the manner required for the conveyance of real estate and shall be accompanied by an affidavit of ownership.
(b)  The person or the Federal Farm Loan Bank is subrogated to all the rights, liens, and remedies held by the state to secure and enforce the payment of the principal and interest that was paid to the state.
(c)  If the land claimed by a person claiming to be the owner is held under evidence of title that the law or rules of the land office do not authorize to be filed in the land office, the commissioner may admit the owner to be the person that the person or the Federal Farm Loan Bank paying the indebtedness admits to be the owner, and on making this admission the instrument of transfer shall be executed.
(d)  None of the provisions of this section shall change any part of the law or rules that apply to the land office with relation to titles to land and issuance of patents.
Acts 1977, 65th Leg., p. 2424, 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 C. Sale of Public School and Asylum Land › Section 51.079. Transfers Generally

Sec. 51.079.  TRANSFERS GENERALLY.  (a)  An owner of public school land purchased from the state may sell the land or a definite portion of the land in any size tract.
(b)  If land to be sold is separated from another portion of land but is not sufficiently designated by metes and bounds in the papers offered to be filed so that it may be identified with certainty, the commissioner shall require that proper field notes accompany the papers before he files them and separates the land.
Acts 1977, 65th Leg., p. 2425, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 280, Sec. 21, 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 C. Sale of Public School and Asylum Land › Section 51.080. Personal Transfers

Sec. 51.080.  PERSONAL TRANSFERS.  (a)  A vendee who obtains through personal transfer a whole survey or a whole portion of a survey purchased from the state as a whole or who obtains through personal transfer a portion of a survey purchased from the state as a whole or in a quantity less than the whole survey is entitled to become a substitute purchaser directly from the state in the manner provided in this section.
(b)  With the approval of the commissioner, the vendee may file in the land office a complete chain of title through personal transfers that have been duly executed and recorded in the counties in which the land or a part of the land is located and shall pay the fees provided by law.
(c)  After the papers are filed in the land office, the substituted purchaser shall have his portion of land separated from the other portion of land, if any, on the records of the land office and shall assume and be liable to the state for all unpaid principal and interest due the state for the land conveyed by the deeds that are filed, together with all obligations and penalties attaching to the original purchase.
(d)  The obligation of the original purchaser and the obligation of all vendors of the substituted purchaser are enforceable against the substituted purchaser as if he were the original purchaser from the state, and the obligation of the vendor or vendors of the substituted purchaser are canceled.
Acts 1977, 65th Leg., p. 2425, 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 C. Sale of Public School and Asylum Land › Section 51.081. Transfers Other Than Personal Transfer

Sec. 51.081.  TRANSFERS OTHER THAN PERSONAL TRANSFER.  A person who claims title through a source other than by personal transfer to a definite portion of a survey that is less than the whole survey purchased from the state, with the approval of the commissioner, may have the portion of land that he claims separated from the other portion of the survey on the records of the land office by filing in the land office evidence of claims that may be required by the commissioner and by paying the fees provided by law for papers filed as evidence of the claim or a right to a separation of the area.
Acts 1977, 65th Leg., p. 2425, 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 C. Sale of Public School and Asylum Land › Section 51.082. Liability of Vendee

Sec. 51.082.  LIABILITY OF VENDEE.  After a separation of land is made on the records of the land office, the portion that is separated shall be charged and credited with its pro rata part of the principal and interest due and paid to November 1 preceding the date of the filing of the transfers or other papers.
Acts 1977, 65th Leg., p. 2425, 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 C. Sale of Public School and Asylum Land › Section 51.083. Patent on Part of a Tract

Sec. 51.083.  PATENT ON PART OF A TRACT.  (a)  If an owner or claimant of land whose ownership or claim is shown on the records of the land office desires a patent on a portion of the whole tract, the owner or claimant, with the approval of the commissioner, may file field notes for the portion of the tract on which the patent is desired, together with the filing fee required by law, and may obtain a patent for the portion of the tract after the full price is paid, together with all fees required by law.
(b)  If the ownership of the tract is evidenced by personal transfer, the patent shall be issued to the owner and his assigns, but if the claimant claims title through other evidence than by personal transfer, the patent shall be issued in the name of the person and his assigns who hold title by original purchase or in the name of the person and his assigns who appear on the records to hold title through the last personal transfer.
(c)  If a patent is issued in the name of any person other than the legal owner, the patent and the rights granted in the patent inure to the benefit of the legal owner.
Acts 1977, 65th Leg., p. 2426, 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 C. Sale of Public School and Asylum Land › Section 51.085. Time for Purchase of Land

Sec. 51.085.  TIME FOR PURCHASE OF LAND.  Each purchaser of land has the option of paying the purchase price in full at any time, together with all fees, and obtaining a patent for the land.
Acts 1977, 65th Leg., p. 2426, 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 C. Sale of Public School and Asylum Land › Section 51.086. Sale of Escheated Permanent School Land

Sec. 51.086.  SALE OF ESCHEATED PERMANENT SCHOOL LAND.  (a)  All sales of escheated land that is a part of the permanent school fund must be made at a price that may not be less than the minimum price set by the court under Section 71.107, Property Code, and in the same manner as the sale of public school land as provided by this chapter.
(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1175, Sec. 33(13), eff. June 19, 2009.
(c)  When escheated permanent school land is sold, this state shall reserve all minerals in the land for the permanent school fund.
Added by Acts 1983, p. 3729, ch. 576, Sec. 4, eff. Jan. 1, 1984.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 13.002(a), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 24, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1175 (H.B. 3461), Sec. 33(13), 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 D. Lease of Land › Section 51.122. Advertisement of Leases

Sec. 51.122.  ADVERTISEMENT OF LEASES.  Leases under the provisions of this subchapter may be advertised in the manner provided in Section 32.107 of this code.
Acts 1977, 65th Leg., p. 2426, 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 D. Lease of Land › Section 51.123. Lease Application

Sec. 51.123.  LEASE APPLICATION.  A person who desires to lease land shall submit a written application to the commissioner specifying and describing the particular land he desires to lease.
Acts 1977, 65th Leg., p. 2426, 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 D. Lease of Land › Section 51.124. Award of Lease

Sec. 51.124.  AWARD OF LEASE.  (a)  A lease shall be awarded to the highest responsible bidder.
(b)  The lease shall be awarded under the rules and in the quantities the commissioner considers to be in the best interest of the state and not inconsistent with the equities of the occupant.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 624, Sec. 33, eff. Sept. 1, 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 D. Lease of Land › Section 51.125. Rejection of Bid or Offer to Lease

Sec. 51.125.  REJECTION OF BID OR OFFER TO LEASE.  Any bid or offer to lease may be rejected by the commissioner for fraud, collusion, or other good and sufficient cause before the lease is signed.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 624, Sec. 33, eff. Sept. 1, 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 D. Lease of Land › Section 51.126. Notification of Acceptance and Execution of Lease

Sec. 51.126.  NOTIFICATION OF ACCEPTANCE AND EXECUTION OF LEASE.  After the applications are received, the commissioner shall give written notification to the successful applicant that his bid or offer to lease is accepted and execute a lease to the applicant in the name and by the authority of the State of Texas.
Acts 1977, 65th Leg., p. 2427, 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 D. Lease of Land › Section 51.127. Recording Memorandum of Lease

Sec. 51.127.  RECORDING MEMORANDUM OF LEASE.  (a)  The commissioner shall prepare a descriptive memorandum of the lease at the time the lease is executed and deliver the lease and the memorandum to the lessee.
(b)  The lessee shall deliver the memorandum of the lease to the clerk of the county in which the land is located.
(c)  The clerk shall record the memorandum in the county clerk's office.
(d)  On payment of the recording fee, the clerk shall deliver the recorded memorandum to the lessee.  The lessee shall provide to the commissioner a certified copy of the recorded memorandum.
Acts 1977, 65th Leg., p. 2427, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 387 (S.B. 654), Sec. 3, 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 D. Lease of Land › Section 51.129. Lien

Sec. 51.129.  LIEN.  (a)  During the continuance of the lease and after forfeiture, the state has a lien on all property owned by the lessee which is located on the leased premises to secure payment of rent due.
(b)  The lien is superior to all other liens.
(c)  A reservation of the lien in the lease is not essential to preserve its validity.
Acts 1977, 65th Leg., p. 2427, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.