reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter B. Prospect and Lease on State Land › Section 53.027. Contracts and Agreements

Sec. 53.027.  CONTRACTS AND AGREEMENTS.  On the land office's written request, mailed to the lessee's address as shown on its lease or otherwise properly changed in conformity with the terms of the lease, a copy of a contract for the sale or processing of minerals leased under this subchapter and any subsequent agreement or amendment to the contract shall be filed in the land office within 30 days after the date the land office mails the written request.  The land office shall treat a contract, agreement, or amendment filed in the land office as confidential unless otherwise authorized by the lessee.
Added by Acts 1993, 73rd Leg., ch. 897, Sec. 52, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter B. Prospect and Lease on State Land › Section 53.028. Audit Information Confidential

Sec. 53.028.  AUDIT INFORMATION CONFIDENTIAL.  (a)  All information secured, derived, or obtained during the course of an inspection or examination of books, accounts, reports, or other records as provided by this code, a rule, or a lease provision is confidential and may not be used publicly, opened for public inspection, or disclosed, except for information in a lien filed under this chapter and except as permitted under Subsection (d) of this section.
(b)  All information made confidential in this section is not subject to subpoena directed to the commissioner, the attorney general, or the governor except in a judicial or administrative proceeding to which this state is a party.
(c)  The commissioner or the attorney general may use information made confidential by this section and contracts made confidential by Section 53.027 of this code to enforce this chapter or may authorize their use in judicial or administrative proceedings to which this state is a party.
(d)  This section does not prohibit:
(1)  the delivery of information made confidential by this section to the lessee or its successor, receiver, executor, guarantor, administrator, assignee, or representative;
(2)  the publication of statistics classified to prevent the identification of a particular audit or items in a particular audit;
(3)  the release of information that is otherwise available to the public;  or
(4)  the release of information concerning the amount of royalty assessed as a result of an examination conducted under this code, a rule, or a lease provision or the release of other information that would have been properly included in reports required under this code, a rule, or a lease provision.
Added by Acts 1993, 73rd Leg., ch. 897, Sec. 52, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.061. Authority to Lease Certain Minerals

Sec. 53.061.  AUTHORITY TO LEASE CERTAIN MINERALS.  (a)  The state constitutes the owner of the surface its agent to lease to any person any mineral, except oil and gas, which may be within all or part of a survey previously sold with all minerals reserved to the state.
(b)  The lease shall be made on terms and conditions that may be prescribed by the school land board.
Acts 1977, 65th Leg., p. 2471, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 1061, Sec. 6, eff. Aug. 31, 1987.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.062. Lease of Minerals Separately and Together

Sec. 53.062.  LEASE OF MINERALS SEPARATELY AND TOGETHER.  Minerals covered by the provisions of this subchapter may be leased either separately or together.
Acts 1977, 65th Leg., p. 2471, 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 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.063. Forms

Sec. 53.063.  FORMS.  The owner of the surface may lease to any person the minerals covered by this subchapter on lease forms prepared by the land office.
Acts 1977, 65th Leg., p. 2471, 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 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.064. Prerequisites for Effectiveness of Lease

Sec. 53.064.  PREREQUISITES FOR EFFECTIVENESS OF LEASE.  (a)  No lease executed by the owner of the surface is binding on the state unless it recites the actual consideration paid or promised for the lease.  A lease covering land adjacent to a military base shall require the lessee to forego the right to use the surface within 2,500 feet of the military base while exploiting the minerals.
(b)  No lease is effective until a certified copy is filed in the land office and the bonus accruing to the state is paid to the commissioner.  The commissioner is entitled to reject for filing any lease submitted to him that he feels is not in the best interest of the state.
Acts 1977, 65th Leg., p. 2471, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 149, Sec. 16, eff. May 27, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.065. Payments Under Lease

Sec. 53.065.  PAYMENTS UNDER LEASE.  (a)  Under a lease executed under this subchapter before September 1, 1987, the lessee shall pay to the state 60 percent of all bonuses agreed to be paid for the lease and 60 percent of all rentals and royalties that are payable under the lease.  The lessee shall pay to the owner of the surface 40 percent of all bonuses agreed to be paid for the lease and 40 percent of all rentals and royalties payable under the lease.
(b)  Except as provided by Subsection (c), under a lease executed under this subchapter on or after September 1, 1987, the lessee shall pay:
(1)  to the state 80 percent of all bonuses agreed to be paid for the lease and 80 percent of all rentals and royalties that are payable under the lease;  and
(2)  to the owner of the surface 20 percent of all bonuses agreed to be paid for the lease and 20 percent of all rentals and royalties payable under the lease.
(c)  Under a lease executed under this subchapter on or after September 1, 1999, for the exploration and production by surface mining of coal, lignite, potash, sulphur, thorium, or uranium, the lessee shall pay:
(1)  to the state 60 percent of all bonuses agreed to be paid for the lease and 60 percent of all rentals and royalties that are payable under the lease;  and
(2)  to the owner of the surface 40 percent of all bonuses agreed to be paid for the lease and 40 percent of all rentals and royalties payable under the lease.
(d)  If production is obtained, the state shall receive not less than one-sixteenth of the value of the minerals produced.
Acts 1977, 65th Leg., p. 2472, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 1061, Sec. 7, eff. Aug. 31, 1987;  Acts 1999, 76th Leg., ch. 1483, Sec. 4, eff. Aug. 30, 1999.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.066. Damages to Surface

Sec. 53.066.  DAMAGES TO SURFACE.  Payments made by the lessee to the owner of the surface as provided in this subchapter and acceptance of the payments by the owner of the surface are in place of all damages to the soil.
Acts 1977, 65th Leg., p. 2472, 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 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.067. Payment Procedure

Sec. 53.067.  PAYMENT PROCEDURE.  Royalties and other payments accruing to the state under this subchapter shall be paid to the commissioner in Austin and shall be deposited in the fund to which the minerals belong.
Acts 1977, 65th Leg., p. 2472, 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 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.068. Production Report and Records

Sec. 53.068.  PRODUCTION REPORT AND RECORDS.  (a)  Each payment shall be accompanied by an affidavit of the lessee or his authorized agent indicating:
(1)  the amount of minerals produced and marketed during the month;
(2)  the person to whom the minerals were sold;  and
(3)  the selling price for the minerals as shown by copies of the smelter, mint, mill, refinery, or other returns or documents attached to the affidavit.
(b)  Books, accounts, weights, wage contracts, correspondence, and other documents or papers relating to production under this subchapter are open at all times to inspection by the commissioner or his authorized representatives.
Acts 1977, 65th Leg., p. 2472, 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 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.069. Forfeiture of Lease

Sec. 53.069.  FORFEITURE OF LEASE.  (a)  A lease and all rights under a lease are subject to forfeiture by action of the commissioner if the lessee or his assignee, sublessee, receiver, or other agent in control of the lease:
(1)  fails or refuses to pay any royalty within 30 days after it becomes due;
(2)  fails or refuses to the proper authorities access to the records relating to the operations;  or
(3)  knowingly fails or refuses to give correct information to the proper authorities.
(b)  The commissioner may declare the forfeiture when he is sufficiently informed of the facts that authorize the forfeiture.  He shall write on the wrapper containing the papers relating to the lease words declaring the forfeiture and shall sign it officially.  Then the lease and all rights under the lease together with payments made under it are forfeited.
(c)  Notice of the forfeiture shall be mailed to the person shown by the records of the land office to be the owner of the surface and the owner of the forfeited lease at their last known addresses as shown in the land office records.
Acts 1977, 65th Leg., p. 2472, 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 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.070. Reinstatement of Lease

Sec. 53.070.  REINSTATEMENT OF LEASE.  (a)  If the owner of the forfeited lease complies with the provisions of this subchapter within 30 days after the declaration of forfeiture, the commissioner may reinstate the lease under the terms of this subchapter and other terms that he may prescribe.
(b)  If the lease is not reinstated within the 30-day period, the owner of the surface, as agent of the state, is entitled to lease the minerals.
Acts 1977, 65th Leg., p. 2473, 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 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.071. Lien

Sec. 53.071.  LIEN.  The state has a first lien on all minerals produced from any lease to secure the payment of unpaid royalty or other amounts that are due under this subchapter.
Acts 1977, 65th Leg., p. 2473, 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 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.072. Effect of Certain Laws

Sec. 53.072.  EFFECT OF CERTAIN LAWS.  Any rights acquired under Articles 5388 through 5403, Revised Civil Statutes of Texas, 1925, before March 15, 1967, are not affected by the repeal of those articles, and the rights, powers, duties, and obligations conferred or imposed by those articles are governed by those repealed articles.
Acts 1977, 65th Leg., p. 2473, 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 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.073. Certain Minerals and Laws Exempt From Subchapter

Sec. 53.073.  CERTAIN MINERALS AND LAWS EXEMPT FROM SUBCHAPTER.  The provisions of this subchapter do not apply to or affect oil and gas and do not affect the provisions of Subchapter F, Chapter 52 of this code  or Subchapter B of this chapter.
Acts 1977, 65th Leg., p. 2473, 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 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.075. Assignment and Transfer

Sec. 53.075.  ASSIGNMENT AND TRANSFER.  A lease issued under this subchapter may be assigned or transferred at any time in the manner provided by Section 52.026 of this code.
Added by Acts 1993, 73rd Leg., ch. 897, Sec. 54, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.076. Lease Relinquishment

Sec. 53.076.  LEASE RELINQUISHMENT.  A lease issued under this subchapter may be relinquished to the state at any time in the manner provided by Section 52.027 of this code.
Added by Acts 1993, 73rd Leg., ch. 897, Sec. 54, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.077. In Kind Royalty

Sec. 53.077.  IN KIND ROYALTY.  (a)  The commissioner, each owner of the soil under this subchapter, or the commissioner acting on the behalf of and at the direction of an owner of the soil under this subchapter may negotiate and execute a contract or any other instrument or agreement necessary to dispose of or enhance their portion of the royalty taken in kind, including a contract for sale, transportation, or storage.
(b)  The commissioner, each owner of the soil under this subchapter, or the commissioner acting on behalf of and at the direction of the owner of the soil under this subchapter may negotiate and execute a contract or any other instrument or agreement necessary to convert that portion of the royalty taken in kind to other forms of energy, other than electricity.
(c)  This section shall not be construed to surrender or in any way affect the right of the state or the owner of the soil under an existing or future lease to receive monetary royalty from its lessee.
Added by Acts 1993, 73rd Leg., ch. 897, Sec. 54, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 51, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 53 (H.B. 2263), Sec. 3, eff. May 17, 2019.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.078. Penalty and Interest

Sec. 53.078.  PENALTY AND INTEREST.  A lease issued under this subchapter shall be subject to Sections 52.131(e) through (j) of this code.
Added by Acts 1993, 73rd Leg., ch. 897, Sec. 54, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.079. Contracts and Agreements

Sec. 53.079.  CONTRACTS AND AGREEMENTS.  On the land office's written request, mailed to the lessee's address as shown on its lease or otherwise properly changed in conformity with the terms of the lease, a copy of a contract for the sale or processing of minerals leased under this subchapter and any subsequent agreement or amendment to the contract shall be filed in the land office within 30 days after the date the land office mails the written request.  The land office shall treat a contract, agreement, or amendment filed in the land office as confidential unless otherwise authorized by the lessee.
Added by Acts 1993, 73rd Leg., ch. 897, Sec. 54, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter C. Lease of Minerals by Surface Owner › Section 53.080. Audit Information Confidential

Sec. 53.080.  AUDIT INFORMATION CONFIDENTIAL.  (a)  All information secured, derived, or obtained during the course of an inspection or examination of books, accounts, reports, or other records as provided by Section 53.068 of this code, a rule, or a lease provision is confidential and may not be used publicly, opened for public inspection, or disclosed, except for information in a lien filed under this chapter and except as permitted under Subsection (d) of this section.
(b)  All information made confidential by this section is not subject to subpoena directed to the commissioner, the attorney general, or the governor except in a judicial or administrative proceeding to which this state is a party.
(c)  The commissioner or the attorney general may use information made confidential by this section and contracts made confidential by Section 53.079 of this code to enforce this chapter or may authorize their use in judicial or administrative proceedings to which this state is a party.
(d)  This section does not prohibit:
(1)  the delivery of information made confidential by this section to the lessee or its successor, receiver, executor, guarantor, administrator, assignee, or representative;
(2)  the publication of statistics classified to prevent the identification of a particular audit or items in a particular audit;
(3)  the release of information that is otherwise available to the public;  or
(4)  the release of information concerning the amount of royalty assessed as a result of an examination conducted under Section 53.068 of this code, a rule, or a lease provision or the release of other information that would have been properly included in reports required under Section 53.068 of this code, a rule, or a lease provision.
Added by Acts 1993, 73rd Leg., ch. 897, Sec. 54, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter D. Unitization of Sulphur Production › Section 53.111. Authority to Operate an Area as a Unit for Production of Sulphur

Sec. 53.111.  AUTHORITY TO OPERATE AN AREA AS A UNIT FOR PRODUCTION OF SULPHUR.  The commissioner on behalf of the state or any fund that belongs to the state may execute agreements that provide for operating areas as a unit for the exploration, development, and production of sulphur and may commit to the agreements:
(1)  the royalty interests in sulphur reserved to the state or any fund of the state by law in a patent, award, mining claim, or contract of sale or under the terms of any lease legally executed by an official, board, agent, agency, or authority of the state;  or
(2)  the free royalty interests, whether leased or unleased, reserved to the state under Section 51.201 or 51.054 of this code.
Acts 1977, 65th Leg., p. 2473, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 55, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter D. Unitization of Sulphur Production › Section 53.112. Approval of Certain Agreements by School Land Board

Sec. 53.112.  APPROVAL OF CERTAIN AGREEMENTS BY SCHOOL LAND BOARD.  (a)  An agreement must be approved by the board and executed by the commissioner to be effective if the agreement commits:
(1)  a royalty interest in land belonging to the permanent school fund or the asylum funds, in riverbeds, inland lakes, channels, or areas within tidewater limits, including islands, lakes, bays, inlets, marshes, reefs, and the bed of the sea;  or
(2)  the free royalty interests, whether leased or unleased, reserved to the state under Section 51.201 or 51.054 of this code.
(b)  An owner of the soil who is subject to Subchapter C of this chapter  may grant to a lessee prior authority to pool or unitize the interest of the owner in a lease executed under that subchapter.  For the agreement to bind the interest of an owner of the soil who is subject to Subchapter C of this chapter and who has not granted the lessee prior authorization to pool or unitize the interest of the owner in a sulphur lease executed under that subchapter, the agreement must be executed by the owner of the soil.
Acts 1977, 65th Leg., p. 2473, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 56, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter D. Unitization of Sulphur Production › Section 53.113. Approval of Agreements

Sec. 53.113.  APPROVAL OF AGREEMENTS.  An agreement that commits the royalty interest in any land not listed in Section 53.112 of this code must be approved by the board, official, agent, agency, or authority of the state which has the authority to lease or to approve the lease of the land for sulphur and must be executed by the commissioner to be effective.
Acts 1977, 65th Leg., p. 2473, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 57, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter D. Unitization of Sulphur Production › Section 53.114. Commissioner's Approval

Sec. 53.114.  COMMISSIONER'S APPROVAL.  Before executing an agreement authorized by Section 53.111 of this code, the commissioner must find that the agreement is in the best interest of the state.
Acts 1977, 65th Leg., p. 2474, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 58, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter D. Unitization of Sulphur Production › Section 53.115. Provisions of Agreement

Sec. 53.115.  PROVISIONS OF AGREEMENT.  (a)  An agreement executed under this subchapter may include the following provisions:
(1)  that operations incident to drilling a well on any portion of a unit shall be considered for all purposes to be conduct of the operations on each tract in the unit;
(2)  that production allocated by the agreement to each tract included in the unit shall be considered for all purposes to have been production from the tract;
(3)  that the interest reserved to or provided for the state or any of its funds on production from any tract included in the unit shall be paid only on that portion of the production from the unit that is allocated to the tract under the agreement;  and
(4)  that each lease included in the unit shall remain in effect so long as the agreement remains in effect and that on termination of the agreement each lease shall continue in effect under the terms and conditions of the lease.
(b)  The agreement may include any other terms and conditions the commissioner or any board, official, agent, agency, or authority of the state that has the authority to lease or to approve a lease of the land for sulphur may consider to be in the best interest of the state.
Acts 1977, 65th Leg., p. 2474, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 59, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter D. Unitization of Sulphur Production › Section 53.116. Application to University Land

Sec. 53.116.  APPLICATION TO UNIVERSITY LAND.  None of the provisions of this subchapter apply to any land under the control and management of the Board of Regents of The University of Texas System.
Acts 1977, 65th Leg., p. 2474, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Sec. 53.117.  CONSTRUCTION OF SUBCHAPTER.  (a)  Agreements and operations under this subchapter are necessary to prevent waste and conserve the natural resources of the state and are not a violation of the provisions of Chapter 15, Business & Commerce Code, as amended.
(b)  If a court finds a conflict between the provisions of this subchapter and the code cited in the previous subsection, this subchapter is intended as a reasonable exception to those laws which is necessary to prevent waste and conserve the natural resources.
(c)  If a court finds that a conflict exists between this subchapter and the laws cited in Subsection (a) of this section and that this subchapter is not a reasonable exception to those laws, it is the intent of the legislature that this subchapter or any conflicting portion of this subchapter be declared invalid and that the previously cited laws remain valid.
Acts 1977, 65th Leg., p. 2474, 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 53 - Minerals › Subchapter D. Unitization of Sulphur Production › Section 53.118. Ratifications and Other Agreements

Sec. 53.118.  RATIFICATIONS AND OTHER AGREEMENTS.  (a)  The board may approve, by rule or order, a ratification or other agreement that includes in the benefits of production a mineral or royalty interest in land belonging to the permanent school fund or the asylum funds.
(b)  An agreement approved by the board under this section must be executed by the commissioner to be effective.
(c)  A ratification or other agreement that commits any of the interests listed by Subsection (a) of this section in land not belonging to the permanent school fund or the asylum funds must be approved by the board, official, agent, agency, or authority of the state that has the authority to lease or to approve the lease of the land for sulphur and must be executed by the commissioner to be effective.
Added by Acts 1993, 73rd Leg., ch. 897, Sec. 60, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter E. Lease of Public School and Gulf Land for Coal, Lignite, Sulphur, Salt, and Potash › Section 53.151. Lease of Certain Areas

Sec. 53.151.  LEASE OF CERTAIN AREAS.  (a)  Under the provisions of this subchapter, the board may lease to any person for the production of coal, lignite, sulphur, salt, and potash:
(1)  islands, saltwater lakes, bays, inlets, marshes, and reefs owned by the state within tidewater limits;
(2)  the portion of the Gulf of Mexico within the jurisdiction of the state;
(3)  rivers and channels that belong to the state;
(4)  all unsold surveyed and unsurveyed public school land;  and
(5)  all land sold with a reservation of minerals to the state under Section 51.054 or 51.086 of this code in which the state has retained leasing rights.
(b)  The lease may not be granted for any land within 2,500 feet of a military base.
Added by Acts 1979, 66th Leg., p. 49, ch. 29, Sec. 1, eff. April 3, 1979.  Amended by Acts 1983, 68th Leg., p. 5245, ch. 965, Sec. 7, eff. June 19, 1983;  Acts 2003, 78th Leg., ch. 149, Sec. 17, eff. May 27, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 13.002(c), eff. Sept. 1, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter E. Lease of Public School and Gulf Land for Coal, Lignite, Sulphur, Salt, and Potash › Section 53.152. Laws Applicable to Leases

Sec. 53.152.  LAWS APPLICABLE TO LEASES.  Leases of land described by Section 53.151 of this code shall be made in the same procedural manner as leases of that land for oil and gas under Chapter 52 of this code.
Added by Acts 1979, 66th Leg., p. 49, ch. 29, Sec. 1, eff. April 3, 1979.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 61, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter E. Lease of Public School and Gulf Land for Coal, Lignite, Sulphur, Salt, and Potash › Section 53.153. Conditions of Lease

Sec. 53.153.  CONDITIONS OF LEASE.  (a)  Coal, lignite, sulphur, salt, and potash may be leased together or separately.
(b)  A lease granted under this subchapter shall be for a primary term not to exceed 20 years and as long after that time as the minerals are produced in paying quantities.
Added by Acts 1979, 66th Leg., p. 49, ch. 29, Sec. 1, eff. April 3, 1979.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 62, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter E. Lease of Public School and Gulf Land for Coal, Lignite, Sulphur, Salt, and Potash › Section 53.154. Royalty Rate

Sec. 53.154.  ROYALTY RATE.  The board shall set the royalty rate on production of sulphur, coal, lignite, salt, and potash from land leased under this subchapter.  The royalty rate set must be at least one-eighth of the gross production or the market value of the sulphur produced and at least one-sixteenth of the gross production or the market value of the coal, lignite, salt, and potash produced.
Added by Acts 1979, 66th Leg., p. 49, ch. 29, Sec. 1, eff. April 3, 1979.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 63, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter E. Lease of Public School and Gulf Land for Coal, Lignite, Sulphur, Salt, and Potash › Section 53.155. Compensation for Damages From Use of Surface

Sec. 53.155.  COMPENSATION FOR DAMAGES FROM USE OF SURFACE.  (a)  Leases issued under Subchapter B or E of this chapter  for unsold surveyed or unsurveyed school land, other than land included in islands, saltwater lakes, bays, inlets, marshes, and reefs owned by the state in tidewater limits and other than that portion of the Gulf of Mexico within the jurisdiction of the state, must include a provision requiring compensation for damages from the use of the surface in prospecting for, exploring, developing, or producing the leased minerals.
(b)  The commissioner by rule shall set the procedure for receiving compensation for damages to the surface of land dedicated to the permanent school fund.
(c)  Money collected for surface damages shall be deposited in a special fund account in the State Treasury to be used for conservation, reclamation, or constructing permanent improvements on land that belongs to the permanent school fund.
(d)  The special fund account must be an interest-bearing account, and the interest received on the account shall be deposited in the State Treasury to the credit of the permanent school fund.
(e)  Money collected under this section and designated for the construction of permanent improvements as provided by this section must be used not later than two years after the date on which the money is collected.
(f)  Any money that remains in the special fund account for longer than two years shall be deposited in the State Treasury to the credit of the permanent school fund.
(g)  Compensation for damages under this section is in addition to any bonus, rental, royalty, or other payment required by the lease.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 48, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 948, Sec. 32, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 897, Sec. 64, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 328, Sec. 9, eff. Jan. 1, 2004.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter E. Lease of Public School and Gulf Land for Coal, Lignite, Sulphur, Salt, and Potash › Section 53.156. Contracts and Agreements

Sec. 53.156.  CONTRACTS AND AGREEMENTS.  On the land office's written request, mailed to the lessee's address as shown on its lease or otherwise properly changed in conformity with the terms of the lease, a copy of a contract for the sale or processing of minerals leased under this subchapter and any subsequent agreement or amendment to the contract shall be filed in the land office within 30 days after the date the land office mails the written request.  The land office shall treat a contract, agreement, or amendment filed in the land office as confidential unless otherwise authorized by the lessee.
Added by Acts 1993, 73rd Leg., ch. 897, Sec. 65, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter F. Geophysical and Geochemical Exploration Permit › Section 53.161. Definitions

Sec. 53.161.  DEFINITIONS.  In this subchapter:
(1)  "Mineral(s)" means coal, lignite, sulphur, salt, and potash.
(2)  "Geophysical exploration" means a survey or investigation conducted to discover or locate mineral prospects using magnetic, gravity, seismic, and/or electrical techniques.
(3)  "Geochemical exploration" means a survey or investigation conducted to discover or locate mineral prospects using techniques involving soil sampling and analysis.
(4)  "Public school land" means land dedicated by the constitution or laws of this state to the permanent free school fund, but does not include land with a mineral classification described in Section 53.061 of this chapter in which the state has retained the minerals, nor does it include areas within tidewater limits.
(5)  "Permit" means a license issued by the commissioner authorizing geophysical and/or geochemical exploration on public school land.
(6)  "Permittee" means the holder of a permit.
(7)  "Areas within tidewater limits" means islands, saltwater lakes, bays, inlets, marshes, and reefs within tidewater limits and that portion of the Gulf of Mexico within the jurisdiction of Texas.
Added by Acts 1981, 67th Leg., p. 2453, ch. 631, Sec. 2, eff. Sept. 1, 1981.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 66, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter F. Geophysical and Geochemical Exploration Permit › Section 53.162. Permit Required for Exploration

Sec. 53.162.  PERMIT REQUIRED FOR EXPLORATION.  (a)  Except for a person who has a valid mineral lease on public school land authorized by this chapter, a person may not conduct geophysical or geochemical exploration on public school land unless the person obtains a permit from the commissioner.
(b)  Every person who is authorized to conduct a geophysical or geochemical exploration on public school land shall comply with the commissioner's rules relating to such exploration.  A person with a valid mineral lease on land subject to this chapter shall comply with the commissioner's rules concerning exploration.
Added by Acts 1981, 67th Leg., p. 2453, ch. 631, Sec. 2, eff. Sept. 1, 1981.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 67, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter F. Geophysical and Geochemical Exploration Permit › Section 53.163. Laws Applicable to Permits

Sec. 53.163.  LAWS APPLICABLE TO PERMITS.  Permits for geophysical and geochemical exploration under this subchapter shall be issued in the same manner and under the same terms and conditions as permits for oil and gas under Subchapter I of Chapter 52 of this code.
Added by Acts 1981, 67th Leg., p. 2453, ch. 631, Sec. 2, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 624, Sec. 49, eff. Sept. 1, 1985.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 53 - Minerals › Subchapter F. Geophysical and Geochemical Exploration Permit › Section 53.1631. Groundwater

Sec. 53.1631.  GROUNDWATER.  (a)  Unless otherwise expressly provided by statute, deed, patent, or other grant from the State of Texas, groundwater shall not be considered a mineral in any past or future reservation of title or rights to minerals by the State of Texas.
(b)  Notwithstanding Subsection (a), the State of Texas shall retain any and all rights to reasonable use of the surface and groundwater for mineral development and production purposes.
Added by Acts 2003, 78th Leg., ch. 1091, Sec. 32, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter A. General Provisions › Section 61.001. Definitions

Sec. 61.001.  DEFINITIONS.  In this chapter:
(1)  "Commissioner" means the Commissioner of the General Land Office.
(2)  "Construction" means causing or carrying out any building, bulkheading, filling, clearing, excavation, or any substantial improvement to land or the size of any structure.
(3)  "Department" means the Parks and Wildlife Department.
(4)  "Land office" means the General Land Office.
(4-a) "Launch" and "space flight activities" have the meanings assigned by Section 100A.001, Civil Practice and Remedies Code.
(5)  "Line of vegetation" means the extreme seaward boundary of natural vegetation which spreads continuously inland.
(6)  "Littoral owner" means the owner of land adjacent to the shore and includes a lessee, licensee, or anyone acting under the littoral owner's authority.
(7)  "Local government" means a municipality, county, or any other political subdivision of the state.
(7-a)  "Meteorological event" means atmospheric conditions or phenomena resulting in avulsion, erosion, accretion, or other impacts to the shoreline that alter the location of the line of vegetation.
(8)  "Public beach" means any beach area, whether publicly or privately owned, extending inland from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired the right of use or easement to or over the area by prescription, dedication, presumption, or has retained a right by virtue of continuous right in the public since time immemorial, as recognized in law and custom. This definition does not include a beach that is not accessible by a public road or public ferry as provided in Section 61.021 of this code.
Acts 1977, 65th Leg., p. 2477, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 4, eff. June 7, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 152 (H.B. 2623), Sec. 1, eff. May 24, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1086 (H.B. 3459), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter B. Access to Public Beaches › Section 61.012. Definition

Sec. 61.012.  DEFINITION.  In this subchapter, "beach" means state-owned beaches to which the public has the right of ingress and egress bordering on the seaward shore of the Gulf of Mexico or any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico if the public has acquired a right of use or easement to or over the area by prescription, dedication, or has retained a right by virtue of continuous right in the public.
Acts 1977, 65th Leg., p. 2477, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter B. Access to Public Beaches › Section 61.013. Prohibition

Sec. 61.013.  PROHIBITION.  (a)  It is an offense against the public policy of this state for any person to create, erect, or construct any obstruction, barrier, or restraint that will interfere with the free and unrestricted right of the public, individually and collectively, lawfully and legally to enter or to leave any public beach or to use any public beach or any larger area abutting on or contiguous to a public beach if the public has acquired a right of use or easement to or over the area by prescription, dedication, or has retained a right by virtue of continuous right in the public.
(b)  Unless properly certified as consistent with this subchapter, no person may cause, engage in, or allow construction landward of and adjacent to a public beach within the area described in Section 61.011(d)(6) of this code in a manner that will or is likely to affect adversely public access to and use of the public beach.  The prohibition in this subsection takes effect only on adoption of final rules by the commissioner under Section 61.011 of this code.
(c)  For purposes of this section, "public beach" shall mean any beach bordering on the Gulf of Mexico that extends inland from the line of mean low tide to the natural line of vegetation bordering on the seaward shore of the Gulf of Mexico, or such larger contiguous area to which the public has acquired a right of use or easement to or over by prescription, dedication, or estoppel, or has retained a right by virtue of continuous right in the public since time immemorial as recognized by law or custom.  This definition does not include a beach that is not accessible by a public road or public ferry as provided in Section 61.021 of this code.
Acts 1977, 65th Leg., p. 2478, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1607, ch. 681, Sec. 2, eff. Aug. 27, 1979;  Acts 1983, 68th Leg., p. 4818, ch. 850, Sec. 1, eff. June 19, 1983;  Acts 1991, 72nd Leg., ch. 295, Sec. 6, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter B. Access to Public Beaches › Section 61.014. Denial of Access by Posting

Sec. 61.014.  DENIAL OF ACCESS BY POSTING.  (a)  As used in this section, "public beach" means the area extending from the line of mean low tide of the Gulf of Mexico to the line of vegetation bordering on the Gulf of Mexico, or to a line 200 feet inland from the line of mean low tide, whichever is nearer the line of mean low tide, if the public has acquired a right of use or easement to or over the area by prescription, dedication, or has retained a right by virtue of continuous right in the public.
(b)  No person may display or cause to be displayed on or adjacent to any public beach any sign, marker, or warning, or make or cause to be made any written or oral communication which states that the public beach is private property or represent in any other manner that the public does not have the right of access to the public beach as guaranteed by this subchapter.
Acts 1977, 65th Leg., p. 2478, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1607, ch. 681, Sec. 1, eff. Aug. 27, 1979;  Acts 1991, 72nd Leg., ch. 295, Sec. 7, eff. June 7, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle E - Beaches and Dunes › Chapter 61 - Use and Maintenance of Public Beaches › Subchapter B. Access to Public Beaches › Section 61.016. Boundaries for Areas With No Marked Vegetation Line

Sec. 61.016.  BOUNDARIES FOR AREAS WITH NO MARKED VEGETATION LINE.  (a)  To determine the "line of vegetation" in any area of public beach in which there is no clearly marked line of vegetation (for instance, a line immediately behind well-defined dunes or mounds of sand and at a point where vegetation begins) recourse shall be to the nearest clearly marked line of vegetation on each side of the unmarked area.
(b)  The "line of vegetation" for the unmarked area shall be the line of constant elevation connecting the two clearly marked lines of vegetation on each side.
(c)  If the elevation of the two points on each side of the area are not the same, the extension defining the "line of vegetation" shall be the average elevation as between the two points, but if there is no clearly marked line of vegetation, the "line of vegetation" shall not extend inland further than 200 feet from the seaward line of mean low tide.
(d)  The "line of vegetation" is dynamic and may move landward or seaward due to the forces of erosion or natural accretion. For the purposes of determining the public beach easement, if the "line of vegetation" is obliterated due to a meteorological event, the landward boundary of the area subject to the public easement shall be the line established by order under Section 61.0171(a) or as determined by the commissioner under Section 61.0171(f).
Acts 1977, 65th Leg., p. 2478, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 9, eff. June 7, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1086 (H.B. 3459), Sec. 3, eff. September 1, 2013.