reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter C. Powers and Duties › Section 31.064. Setting and Collecting Fees

Sec. 31.064.  SETTING AND COLLECTING FEES.  The commissioner shall set and collect, for the use of the state, reasonable fees in amounts for filing fees, preparation of certificates of fact, certified copies, maps, reproduction of maps and sketches, Spanish translations, patents and deeds of acquittance, and for other miscellaneous services, including but not limited to shipping in a mailing tube and typed transcriptions or taped copies of tapes or other sound recordings, and any other provided services and products.
Added by Acts 1983, 68th Leg., p. 405, ch. 81, Sec. 21(m), eff. Sept. 1, 1983.  Amended by Acts 2003, 78th Leg., ch. 1091, Sec. 9, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter C. Powers and Duties › Section 31.0655. Save Texas History and Adopt-a-Beach Programs

Sec. 31.0655.  SAVE TEXAS HISTORY AND ADOPT-A-BEACH PROGRAMS. (a) For purposes of Subchapter I, Chapter 659, Government Code:
(1)  the land office, for the sole purpose of managing the Save Texas History and Adopt-A-Beach programs, is considered an eligible charitable organization entitled to participate in the state employee charitable campaign; and
(2)  a state employee is entitled to authorize a deduction for contributions to the land office for the purposes of managing the Save Texas History and Adopt-A-Beach programs as a charitable contribution under Section 659.132, Government Code, and the land office may use the contributions for the purpose of:
(A)  preserving historic maps and documents under the Save Texas History program; or
(B)  administering the Adopt-A-Beach program.
(b)  The land office may use cash, gifts, grants, donations, or in-kind contributions the land office receives through the administration of the Save Texas History program to:
(1)  preserve, conserve, and promote the land office's records;
(2)  provide educational programming and resources on Texas history; and
(3)  acquire additional records to complement the land office's records.
Added by Acts 2003, 78th Leg., ch. 36, Sec. 1, eff. May 14, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1213 (H.B. 860), Sec. 1, eff. June 18, 2005.
Acts 2019, 86th Leg., R.S., Ch. 866 (H.B. 2971), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter C. Powers and Duties › Section 31.066. Authority to Accept Title to a Site Following Completion of Remedial Action in Accordance With Federal Law

Sec. 31.066.  AUTHORITY TO ACCEPT TITLE TO A SITE FOLLOWING COMPLETION OF REMEDIAL ACTION IN ACCORDANCE WITH FEDERAL LAW.  (a)  If it is necessary for the United States government to acquire real property in this state to conduct remedial action at a site listed on the National Priorities List under the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.), the commissioner may accept transfer on behalf of the state of the title and interest in the real property from the United States government.  The commissioner may accept a transfer following completion of remedial action at a site only on the condition that the state will not incur any liability under that federal law solely by acquiring the title and interest in the real estate.
(b)  Following state assumption of ownership, the Texas Commission on Environmental Quality shall provide for maintenance of the real property, including necessary environmental monitoring, consistent with terms of contracts and cooperative agreements with the federal government entered in accordance with the Water Code and Chapter 361, Health and Safety Code.
(c)  Any title and interest in real property acquired by the commissioner under this section shall be held in the name of the state.  Title or interest acquired under this section does not become a part of the permanent school fund or any other fund created by the Texas Constitution.
(d)  The commissioner may sell any title or interest acquired by the state under this section in accordance with Section 31.158.  Proceeds of the sale shall be deposited in the Texas farm and ranch lands conservation fund established under Chapter 84, Parks and Wildlife Code.
Added by Acts 1989, 71st Leg., ch. 507, Sec. 1, eff. June 14, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(75), eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.262, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1091, Sec. 11, eff. June 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1182 (H.B. 3632), Sec. 2, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 401 (H.B. 1925), Sec. 3, eff. June 10, 2015.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter C. Powers and Duties › Section 31.067. Authority to Sell Certain Agency Real Property

Sec. 31.067.  AUTHORITY TO SELL CERTAIN AGENCY REAL PROPERTY.  The division is authorized to sell any real property acquired on behalf of the state pursuant to Section 402.025, Government Code.  Sale of such real property shall be conducted in accordance with the provisions of Section 31.158 of this code unless otherwise provided by law.  Proceeds of sale shall be deposited in the General Revenue Fund as specified in Section 402.025, Government Code.
Added by Acts 1991, 72nd Leg., ch. 633, Sec. 4, eff. Aug. 26, 1991.  Amended by Acts 2003, 78th Leg., ch. 1091, Sec. 12, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter C. Powers and Duties › Section 31.0671. Agency Authority to Sell or Exchange Real Property

Sec. 31.0671.  AGENCY AUTHORITY TO SELL OR EXCHANGE REAL PROPERTY.  Any state agency or political subdivision may directly sell or exchange real property to which it holds title with the School Land Board for the benefit of the permanent school fund if the sale or exchange is for market value.  Section 272.001, Local Government Code, does not apply to an exchange under this section.  A political subdivision must provide the governor with advance notice of a proposed sale or exchange under this section, which notice must be sent to the governor at least 30 days before the transaction may be effected.  In addition, the governor may disapprove any sale or exchange of real property by a state agency under this section prior to the sale or exchange.  The state agency contemplating a sale or exchange under this section shall submit to the governor a formal request for approval.  The state agency may conduct the sale or exchange unless the governor gives the state agency written notice disapproving the sale or exchange.  The governor must provide written notice of disapproval under this section not later than the 30th day after the date the governor receives the written request for approval.
Added by Acts 2003, 78th Leg., ch. 1091, Sec. 13, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter C. Powers and Duties › Section 31.0672. Authority to Conduct Certain Real Property Transactions

Sec. 31.0672.  AUTHORITY TO CONDUCT CERTAIN REAL PROPERTY TRANSACTIONS.  (a)  The division may directly sell to a political subdivision or a development corporation organized under Subtitle C1, Title 12, Local Government Code, any real property owned by the state that the legislature has authorized or the governor has approved for sale under Subchapter E if the commissioner determines the sale is in the best interest of the state.
(b)  The governor must approve any sale of real property under this section.  Failure of the governor to approve the sale constitutes a veto of the transaction.
(c)  A sale of real property under this chapter must be for market value and under other terms and conditions the commissioner determines to be in the best interest of the state.
Added by Acts 2003, 78th Leg., ch. 1091, Sec. 13, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 156 (S.B. 1509), Sec. 1, eff. May 21, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 16.001, eff. September 1, 2009.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter C. Powers and Duties › Section 31.068. Standing to Enforce Restrictions

Sec. 31.068.  STANDING TO ENFORCE RESTRICTIONS.  (a)  The commissioner and the attorney general have standing to enforce a:
(1)  restrictive covenant affecting real property owned by the permanent school fund or a state agency;
(2)  restriction expressed in a transfer document or legislative act conveying real property then owned by the state;  or
(3)  statutory restriction on the sale or lease of real property patented or leased by the state to a navigation district, including a restriction provided by Section 61.116 or 61.117, Water Code.
(b)  The attorney general, on the attorney general's own initiative or at the request and on behalf of the commissioner, may bring suit to enforce the rights of the state under this section.
(c)  This section does not apply to:
(1)  permanent university fund land;  or
(2)  other real property controlled or administered by the board of regents of The University of Texas System.
Added by Acts 1997, 75th Leg., ch. 613, Sec. 1, eff. June 11, 1997.  Amended by Acts 2003, 78th Leg., ch. 1091, Sec. 14, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter C. Powers and Duties › Section 31.069. Indefinite Quantity Contracts for Services After Declared Natural Disaster

Sec. 31.069.  INDEFINITE QUANTITY CONTRACTS FOR SERVICES AFTER DECLARED NATURAL DISASTER.  (a)  The land office shall enter into indefinite quantity contracts with vendors to provide services the land office determines may be necessary to construct, repair, or rebuild property or infrastructure in the event of a natural disaster.
(b)  The terms of a contract under Subsection (a) must provide that the contract is contingent on:
(1)  the availability of funds;
(2)  the occurrence of a natural disaster within the term of the contract; and
(3)  delivery of the services to an area of this state declared by the governor or president of the United States under law to be a disaster area as a result of the natural disaster.
(c)  The land office shall ensure that it has contracts in place under this section with vendors to provide services that take effect immediately on the expiration of a contract under this section.
(d)  A contract under this section may be funded by multiple sources including local, state, and federal agencies and the disaster contingency fund established under Section 418.073, Government Code.
(e)  If the land office determines that federal funds may be used for a contract under Subsection (a), the land office shall ensure that the contract complies with the requirements of the Federal Acquisition Regulation (48 C.F.R. Chapter 1), or a successor regulation.
(f)  In awarding a contract under this section, the land office shall consider and apply any applicable state law and rules of the land office relating to contracting with historically underutilized businesses.
(g)  Expired.
(h)  Notwithstanding any other provision of this section, the land office shall follow the procedures provided by Section 2254.004, Government Code, in contracting for engineering services under this section.
(i)  The land office may award a contract under this section to one or more vendors:
(1)  on the basis of demonstrated competence and qualifications to perform the services for which the land office issues a request for qualifications; or
(2)  using any other applicable state procurement method.
(j)  A contract under this section may include:
(1)  a unit price book;
(2)  a list of pre-priced work items; or
(3)  another schedule identifying agreed prices for services.
(k)  A contract under this section that does not include the items listed in Subsection (j) must require a vendor to submit a price proposal for services on request by the land office.
(l)  The land office shall issue task, work, or purchase orders for services under a contract entered into under this section to the vendor that provides the best value to the land office using the standard provided by Section 2155.074, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 577 (S.B. 300), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 732 (H.B. 2738), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter E. Real Property Accounting and Management › Section 31.153. Real Property Accounting and Records

Sec. 31.153.  REAL PROPERTY ACCOUNTING AND RECORDS.  (a)  All real property owned by the state shall be accounted for by the state agency that possesses the real property.
(b)  Each state agency shall maintain a record of each item of real property it possesses.  The record must include the following information and shall be furnished to the division:
(1)  a description of each item of real property by reference to a volume number, and page or image number or numbers of the official public records of real property in a particular county, or if not applicable, by a legal description;
(2)  the date of purchase of the real property, if applicable;
(3)  the purchase price of the real property, if applicable;
(4)  the name of the state agency holding title to the real property for the state;
(5)  a description of the current uses of the real property and of the projected future uses of the real property;  and
(6)  a description of each building or other improvement located on the real property.
(c)  If the description of real property required under this section is excessively voluminous, the division may direct the agency in possession of the real property to furnish the description only in summary form, as agreed to by the division and the state agency involved.
(d)  Each state agency, other than an institution of higher education, annually at the time set by the division, shall furnish the Texas Historical Commission with a photograph and information that specifies and identifies the age of each building:
(1)  that was acquired by the agency after the date of the preceding annual submission and that is at least 45 years old on the date of the current submission; or
(2)  that is possessed by the agency and has become 45 years old since the date the information was previously submitted.
(e)  On request, each state agency shall provide the division with any photographs and information furnished to the Texas Historical Commission under this section.
Added by Acts 1985, 69th Leg., ch. 102, Sec. 2, eff. May 15, 1985.  Amended by Acts 2003, 78th Leg., ch. 1091, Sec. 15, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1049 (S.B. 5), Sec. 6.14, eff. June 17, 2011.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter E. Real Property Accounting and Management › Section 31.154. Real Property Inventory

Sec. 31.154.  REAL PROPERTY INVENTORY.  The division shall review and keep inventory records of all real property owned by the state.  The division shall compile the inventory records from the information submitted under Sections 31.153 and 31.155 of this subchapter.
Added by Acts 1985, 69th Leg., ch. 102, Sec. 2, eff. May 15, 1985.  Amended by Acts 2003, 78th Leg., ch. 1091, Sec. 15, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter E. Real Property Accounting and Management › Section 31.156. Real Property Review

Sec. 31.156.  REAL PROPERTY REVIEW.  (a)  The division shall review the real property inventory of each state agency not less than every four years, and a review shall be made during the calendar year before the agency is scheduled for abolition under the Texas Sunset Act (Chapter 325, Government Code). The division may verify the accuracy of inventory records provided by an agency.
(b)  The division shall:
(1)  identify real property owned or controlled by the state that is not being used or is being substantially underused;  and
(2)  make recommendations to the commissioner regarding the use of the real property or a real estate transaction involving the real property.
(c)  The division's recommendations must include an analysis of the highest and best use to which the real property may legally be placed and shall also include alternative uses of the real property addressing potential for commercial or agricultural lease of the real property or any other real estate transaction or use that the division may deem to be in the best interest of the state.
(d)  The division shall submit to the commissioner information pertinent to the evaluation of a real estate transaction involving the real property, including an evaluation of any proposals received from private parties that would be of significant benefit to the state and:
(1)  if the division recommends a real estate transaction involving the real property, the market value of the real property and the current market conditions; or
(2)  if the division does not recommend a real estate transaction involving the real property, evidence of the real property's value in a form determined to be appropriate by the commissioner.
(e)  In any year that the division will evaluate real property under the management and control of the Texas Military Department, the division shall notify the department before the division begins the evaluation.
Added by Acts 1985, 69th Leg., ch. 102, Sec. 2, eff. May 15, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.20(39), eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 907, Sec. 2, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1021, Sec. 15, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1416, Sec. 1, eff. Aug. 30, 1999;  Acts 2001, 77th Leg., ch. 685, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1091, Sec. 15, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 194 (H.B. 957), Sec. 1, eff. May 27, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1335 (S.B. 1724), Sec. 11, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 2.12, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter E. Real Property Accounting and Management › Section 31.1573. Real Estate Transactions Authorized by Governor

Sec. 31.1573.  REAL ESTATE TRANSACTIONS AUTHORIZED BY GOVERNOR.  (a)  The land office shall take charge and control of real property as necessary to conduct and close a real estate transaction authorized by the governor.
(b)  The expenses incurred by the land office in conducting a real estate transaction, including the payment of reasonable brokerage fees, may be deducted from the proceeds of the transaction before the proceeds are deposited.  The land office may adopt rules relating to the payment of reasonable brokerage fees.
(c)  Unless otherwise dedicated by the Texas Constitution, the proceeds of the transaction shall be deposited:
(1)  to the credit of the Texas capital trust fund if the agency is eligible under Chapter 2201, Government Code, to participate in that fund;
(2)  in the state treasury to the credit of the affected agency if the agency is not eligible under Chapter 2201, Government Code, to participate in the Texas capital trust fund;  or
(3)  notwithstanding Subdivisions (1) and (2), as otherwise directed under the procedures of Chapter 317, Government Code.
(d)  The grant of an interest in real property owned by the state under this section must:
(1)  comply with the requirements of Section 31.158 to the extent the requirements do not conflict with a recommendation in the governor's report under Section 31.1571; and
(2)  be conveyed by an instrument signed by the commissioner and, if the transaction was conducted under Section 31.158(c)(7), by the governor.
Added by Acts 2003, 78th Leg., ch. 1091, Sec. 16, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 3 (S.B. 903), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter E. Real Property Accounting and Management › Section 31.1581. Transfer of Real Property for Use as Affordable Housing

Sec. 31.1581.  TRANSFER OF REAL PROPERTY FOR USE AS AFFORDABLE HOUSING.  (a)  If the legislature authorizes or the governor approves the transfer of title to real property to an entity for use as affordable housing, the division shall take possession and control of the real property and shall conduct the transaction as provided by the policy adopted under Subsection (b).
(b)  The division shall adopt a policy regarding the method of transferring title to real property designated as suitable for affordable housing to an entity for use as affordable housing.  The policy must include monitoring and enforcement provisions to ensure that the real property is used for affordable housing.
Acts 2001, 77th Leg., ch. 685, Sec. 3, eff. Sept. 1, 2001.  Redesignated from Natural Resources Code Sec. 31.158(d), (e) and amended by Acts 2003, 78th Leg., ch. 1091, Sec. 17, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter E. Real Property Accounting and Management › Section 31.1582. Sale of Certain Mineral Interests

Sec. 31.1582.  SALE OF CERTAIN MINERAL INTERESTS.  (a)  If the General Land Office receives from a landowner an offer to buy the state's interest in the mineral estate in real property to which the landowner holds title, the General Land Office may sell to the landowner, for fair market value, any fractional mineral interest held by the state that:
(1)  is a fractional mineral interest of 1/32 or less; and
(2)  is severed from a parcel of land that:
(A)  is 80 acres or less; and
(B)  is located in a county with a population of less than 11,000.
(b)  This section does not apply to land under the management and control of the board of regents of a public or private institution of higher education.
Added by Acts 2007, 80th Leg., R.S., Ch. 491 (S.B. 214), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter E. Real Property Accounting and Management › Section 31.1585. Certain Proceeds

Sec. 31.1585.  CERTAIN PROCEEDS.  Notwithstanding any other law, proceeds from the sale of real property purchased with general revenue funds that was recommended for sale by the division and not disapproved for sale by the governor during the calendar years 1995 through 2002 shall be deposited in the unobligated portion of the general revenue fund and may only be appropriated to the state agency that possessed the property at the time of the sale for use by the state agency in performing its duties.
Added by Acts 2003, 78th Leg., ch. 1091, Sec. 18, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter E. Real Property Accounting and Management › Section 31.161. Development Plan

Sec. 31.161.  DEVELOPMENT PLAN.  (a)  If the state intends to conduct a sale or lease for nongovernmental purposes of real property belonging to the state, to the permanent school fund, or to any of the dedicated funds of the state, other than the permanent university fund, or any other real property subject to the administration and control of the board of regents of The University of Texas System, the division may promulgate a development plan on the real property.
(b)  The purpose of a development plan is to conserve and enhance the value of real property belonging to the state, taking into consideration the preservation of the health, safety, and general welfare of the communities in which the real property is situated.
(c)  The plan shall address local land use planning ordinances, which may include the following:
(1)  allocation and location of specific uses of the real property, including residential, commercial, industrial, recreational, or other appropriate uses;
(2)  densities and intensities of designated land uses;
(3)  the timing and rate of development;
(4)  timely delivery of adequate facilities and services, including water, wastewater collection and treatment systems, parks and public recreational facilities, drainage facilities, school sites, and roads and transportation facilities;  or
(5)  needed zoning and other land use regulations.
(d)  The plan shall comply with existing rules, regulations, orders, or ordinances for real property development to the extent such rules, regulations, orders, or ordinances are not detrimental to the interests of the state as determined by the special board of review.
Added by Acts 1987, 70th Leg., ch. 208, Sec. 13, eff. Aug. 31, 1987.  Amended by Acts 2003, 78th Leg., ch. 1091, Sec. 20, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter E. Real Property Accounting and Management › Section 31.162. Submission of the Plan to Affected Local Government

Sec. 31.162.  SUBMISSION OF THE PLAN TO AFFECTED LOCAL GOVERNMENT.  (a)  The plan shall be submitted to any local government having jurisdiction over the real property in question for consideration.
(b)  The local government shall evaluate the plan and either accept or reject the plan no later than the 120th day after the date the division submits the plan.
(c)  The plan may be rejected by the local government only on grounds that it does not comply with local ordinances and land use regulations, including but not limited to zoning and subdivision ordinances.
(d)  If the plan is rejected, the local government shall specifically identify any ordinance with which the plan conflicts and propose specific modifications to the plan that will bring it into compliance with the local ordinance.
(e)  If the plan is rejected by the affected local government, the division may modify the plan to conform to the ordinances specifically identified by the local government and resubmit the plan for approval, or the commissioner may apply for necessary rezoning or variances from the local ordinances.
(f)  Failure by the local government to act within the 120-day period prescribed by Subsection (b) will be deemed an acceptance by the local government of the plan.
Added by Acts 1987, 70th Leg., ch. 208, Sec. 13, eff. Aug. 31, 1987.  Amended by Acts 2003, 78th Leg., ch. 1091, Sec. 22, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter E. Real Property Accounting and Management › Section 31.163. Rezoning

Sec. 31.163.  REZONING.  (a)  If the plan would require zoning inconsistent with any existing zoning or other land use regulation, the division or its designated representative may at any time submit a request for rezoning to the local government with jurisdiction over the real property in question.
(b)  The rezoning or variance request shall be submitted in the same manner as any such request is submitted to the affected local government;  provided, however, the local government must take final action on the request no later than the 120th day after the date the request for rezoning or variance is submitted.
(c)  Failure by the local government to act within the 120-day period prescribed by Subsection (b) will be deemed an approval of the rezoning request by the local government.
Added by Acts 1987, 70th Leg., ch. 208, Sec. 13, eff. Aug. 31, 1987.  Amended by Acts 2003, 78th Leg., ch. 1091, Sec. 23, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter E. Real Property Accounting and Management › Section 31.164. Fees and Assessments

Sec. 31.164.  FEES AND ASSESSMENTS.  (a)  The local government may impose no application, filing, or other fees or assessments on the state for consideration of the plan or the application for rezoning or variance submitted by the state.
(b)  The local government may not require the submission of architectural, engineering, or impact studies to be completed at state expense before considering the plan or application for rezoning or variance.
Added by Acts 1987, 70th Leg., ch. 208, Sec. 13, eff. Aug. 31, 1987.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter E. Real Property Accounting and Management › Section 31.165. Special Board of Review

Sec. 31.165.  SPECIAL BOARD OF REVIEW.  (a)  If the local government denies the rezoning request, the matter may be appealed to a special board of review consisting of the following members:
(1)  the members of the School Land Board;
(2)  the chairman of the governing board of the agency or institution possessing the real property or his or her designated representative;
(3)  the mayor of the city or town within whose corporate boundaries or extraterritorial jurisdiction the real property is located;  and
(4)  the county judge of the county within which the real property is located.
(b)  The commissioner shall serve as chairman of the special board of review.
(c)  If the plan involves real property belonging to the permanent school fund, the special board of review shall consist of the members of the School Land Board and the local officials, with the commissioner serving as chairman.
(d)  If the real property is not located within the corporate boundaries or the extraterritorial jurisdiction of a city or town, the board shall consist of the members of the School Land Board, the agency chairman, and the county judge, with the commissioner serving as chairman.
Added by Acts 1987, 70th Leg., ch. 208, Sec. 13, eff. Aug. 31, 1987.  Amended by Acts 2003, 78th Leg., ch. 1091, Sec. 24, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter E. Real Property Accounting and Management › Section 31.166. Hearing

Sec. 31.166.  HEARING.  (a)  The special board of review shall conduct one or more public hearings to consider the proposed development plan.
(b)  Hearings shall be conducted in accordance with rules promulgated by the land office for conduct of such special review.
(c)  If real property is located in more than one city or town, the hearings on any single tract of real property may be combined.
(d)  Any political subdivision in which the tract in question is located and the appropriate central appraisal district shall receive written notice of board hearings at least 14 days prior to the hearing.
(e)  At least one hearing shall be conducted in the county where the real property is located.
(f)  If after the hearings, the special board of review determines that local zoning requirements are detrimental to the best interest of the state, it shall issue an order establishing a development plan to govern the use of the real property as provided in this section.
(g)  Development of the real property shall be in accordance with the plan and must comply with all local rules, regulations, orders, or ordinances except as specifically identified in an order of the special board of review issued pursuant to Subsection (f) of this section.  In the event that substantial progress is not made toward development of the tract within five years of the date of adoption by the special board of review, local development policies and procedures shall become applicable to development of the tract, unless the special board of review promulgates a new plan.
(h)  The hearing shall not be considered a contested case proceeding under Chapter 2001, Government Code and shall not be subject to appeal thereunder.
Added by Acts 1987, 70th Leg., ch. 208, Sec. 13, eff. Aug. 31, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1091, Sec. 25, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter E. Real Property Accounting and Management › Section 31.167. Binding Effect of Development Plan

Sec. 31.167.  BINDING EFFECT OF DEVELOPMENT PLAN.  (a)  Except as provided by this subsection, a development plan promulgated by the special board of review and any plan accepted by a local government shall be final and binding on the state, its lessees, successors in interest and assigns, and affected local governments or political subdivisions unless revised by the special board of review.  If the division does not receive a bid or auction solicitation for the real property subject to the development plan, the division, at the direction of the commissioner, may revise the development plan to conserve and enhance the value and marketability of the real property.
(b)  A local government, political subdivision, owner, builder, developer, or any other person may not modify the development plan without specific approval by the special board of review.
(c)  The special board of review must file a copy of the development plan in the deed records of the county in which the real property is located.  Revisions to the development plan are governed by local development policies and procedures if the revisions are requested after the later of:
(1)  the 10th anniversary of the date on which the development plan was promulgated by the special board of review; or
(2)  the date on which the state no longer holds a financial or property interest in the real property subject to the plan.
(d)  After issuance of an order establishing a development plan for real property that is not part of the permanent school fund or in which the permanent school fund does not have a financial interest, the composition of any future special board of review called to consider revision of that order must consist of:
(1)  the presiding officer of the governing board of the agency or institution possessing the real property or the presiding officer's designated representative;
(2)  two members who are employed by the agency or institution possessing the real property, appointed by the presiding officer of the governing board of the agency or institution or the presiding officer's designated representative;
(3)  the county judge of the county in which the real property is located; and
(4)  if the real property is located within the corporate boundaries or extraterritorial jurisdiction of a municipality, the mayor of the municipality.
(e)  The member described by Subsection (d)(1) serves as the presiding officer of the special board of review.
Added by Acts 1987, 70th Leg., ch. 208, Sec. 13, eff. Aug. 31, 1987.  Amended by Acts 1999, 76th Leg., ch. 903, Sec. 2, eff. June 18, 1999;  Acts 2003, 78th Leg., ch. 1091, Sec. 26, eff. June 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1182 (H.B. 3632), Sec. 3, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 3 (S.B. 903), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter G. Super Collider Site › Section 31.307. Dedication of Roads

Sec. 31.307.  DEDICATION OF ROADS.  The commissioner may dedicate roads located on the real property used as the site for the superconducting super collider research facility to the county in which the roads are located if the commissioner believes that the dedication will enhance the value of remaining state real property.
Added by Acts 1997, 75th Leg., ch. 345, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1091, Sec. 27, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter G. Super Collider Site › Section 31.308. Conveyance of Surface and Subsurface Estate

Sec. 31.308.  CONVEYANCE OF SURFACE AND SUBSURFACE ESTATE.  (a)  In this section, "subsurface estate" means the subsurface acquired by the state to construct or maintain the underground accelerator partially built or proposed to be built as part of the superconducting super collider research facility.
(b)  The commissioner shall convey the state's interest in the subsurface estate underlying the surface estate of real property used as the site for the superconducting super collider research facility if the owner of the surface estate pays a sum equal to the market value of the subsurface estate as determined by the commissioner.  After the state conveys its interest in the subsurface estate as provided by this subsection, title to the subsurface estate is reunited with the title to the surface estate.
(c)  Unless the instrument of conveyance provides otherwise, a conveyance of the surface estate of real property by the state under this subchapter includes the conveyance of the subsurface estate to the extent of the state's interest in the subsurface estate.
(d)  The commissioner may adopt rules necessary to implement this section.
Added by Acts 1997, 75th Leg., ch. 345, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1091, Sec. 28, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter G. Super Collider Site › Section 31.309. Preference Right to Purchase Certain Real Property

Sec. 31.309.  PREFERENCE RIGHT TO PURCHASE CERTAIN REAL PROPERTY.  (a)  A person or the person's heirs who conveyed real property to the state for use by the superconducting super collider research facility has a preference right to purchase the same tract of real property previously conveyed before the tract is offered for sale by the state to any other person.
(b)  A person who has a preference right under this section must pay at least the market value for the real property as determined by an appraisal conducted by the land office.
(c)  This section does not apply to a subsurface estate as defined by Section 31.308.
(d)  The commissioner may adopt rules necessary to implement this section.
Added by Acts 1997, 75th Leg., ch. 345, Sec. 3, eff. Jan. 1, 1998.  Amended by Acts 2003, 78th Leg., ch. 1091, Sec. 29, eff. June 20, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter H. Use of State Energy Resources › Section 31.401. Natural Gas Acquisition Contracts

Sec. 31.401.  NATURAL GAS ACQUISITION CONTRACTS.  (a)  The land office shall review and must approve any contract entered into by a state agency for the acquisition of an annual average of 100 MCF per day or more of natural gas used to meet its energy requirements.
(b)  Before approving a contract described by Subsection (a) of this section, the land office shall ensure that the agency, to meet its energy requirements, is using, to the greatest extent practical, natural gas produced from land leased from:
(1)  the school land board;
(2)  a board for lease other than the Board for Lease of University Lands;  or
(3)  the surface owner of Relinquishment Act land.
(c)  If the land office is able to substitute a contract using in-kind royalty gas from state-owned lands or using other gas for a contract under which a state agency acquires or proposes to acquire its natural gas supplies, the commissioner shall inform the comptroller each month of the amount of savings attributable to the substitution.
(d)  In this section, "state agency" has the meaning assigned by Subchapter A, Chapter 572, Government Code.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 3.01, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(42), eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1499, Sec. 1.43, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter H. Use of State Energy Resources › Section 31.402. Rules

Sec. 31.402.  RULES.  The commissioner shall adopt any rules necessary to carry out this subchapter, including rules regarding review and approval of natural gas acquisition contracts under Section 31.401 of this code.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 3.01, eff. Sept. 1, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter I. The Alamo Complex › Section 31.450. Findings; Memorandum of Understanding

Sec. 31.450.  FINDINGS; MEMORANDUM OF UNDERSTANDING.  (a)  The legislature finds that:
(1)  the Alamo has played an important role in the history of this state and continues to be a symbol of liberty and freedom for this state;
(2)  this state wants to honor the individuals whose lives were lost at the Alamo;
(3)  the entire history of the Alamo, from the time the Alamo was established as a mission until the present, should be recognized; and
(4)  the Alamo is a world-class destination that provides a place of remembrance and education.
(b)  The land office shall enter into a memorandum of understanding with the City of San Antonio to coordinate the planning and development of improvements to the Alamo complex and the area immediately surrounding the complex.
Added by Acts 2015, 84th Leg., R.S., Ch. 1101 (H.B. 2968), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter I. The Alamo Complex › Section 31.451. Preservation and Maintenance of Alamo

Sec. 31.451.  PRESERVATION AND MAINTENANCE OF ALAMO.  (a)  The Alamo complex is under the jurisdiction of the land office.  The land office is responsible for the preservation, maintenance, and restoration of the Alamo complex and its contents and the protection of the historical and architectural integrity of the exterior, interior, and grounds of the Alamo complex.
(b)  Any power or duty related to the Alamo complex formerly vested in any other state agency or entity is vested solely in the land office.
(c)  Notwithstanding any other law, the land office is not required to comply with state purchasing law in carrying out its duties under this subchapter.
(d)  The land office may participate in the establishment of and partner with a qualifying nonprofit organization the purposes of which include raising funds for or providing services or other benefits for the preservation and maintenance of the Alamo complex.  The land office may contract with the organization for the performance of any activity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1046 (H.B. 3726), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter I. The Alamo Complex › Section 31.452. Assistance From State Preservation Board

Sec. 31.452.  ASSISTANCE FROM STATE PRESERVATION BOARD.  The land office may consult with the State Preservation Board in the performance of duties under this subchapter.  On request of the land office, the State Preservation Board shall assist the land office with the land office's duties relating to the Alamo complex.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1046 (H.B. 3726), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter I. The Alamo Complex › Section 31.453. Agreement With Daughters of the Republic of Texas

Sec. 31.453.  AGREEMENT WITH DAUGHTERS OF THE REPUBLIC OF TEXAS.  (a)  The land office shall enter into an agreement with the Daughters of the Republic of Texas for the management, operation, and financial support of the Alamo complex.
(b)  The agreement at a minimum must:
(1)  detail the expectations and goals of the land office and the Daughters of the Republic of Texas, including the transfer of any state money held in trust for the Alamo by the Daughters of the Republic of Texas and the property described in Subsection (d);
(2)  outline the management and operation of the Alamo complex;
(3)  establish management standards;
(4)  provide for oversight by the land office;
(5)  address funding and payment for costs;
(6)  address equipment;
(7)  establish insurance requirements;
(8)  address compliance with local, state, and federal building and operation laws;
(9)  address construction, maintenance, and repair;
(10)  establish the term of the agreement;
(11)  require submission of financial information from the Daughters of the Republic of Texas, excluding chapters of the organization;
(12)  address ownership by this state of the Alamo complex and its contents;
(13)  include a dispute resolution process;
(14)  provide that the laws of this state govern the agreement; and
(15)  include notice requirements.
(c)  The land office may enter into the agreement required by Subsection (a) only if the Daughters of the Republic of Texas is a properly formed nonprofit corporation in this state in accordance with Section 2.008, Business Organizations Code, and is exempt from income taxation under Section 501(c)(3), Internal Revenue Code of 1986.
(d)  All property received by the Daughters of the Republic of Texas in its capacity as custodian or trustee of the Alamo for the benefit of the Alamo is subject to the requirements of this subchapter and the agreement required by this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1046 (H.B. 3726), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 31 - General Land Office › Subchapter I. The Alamo Complex › Section 31.454. The Alamo Complex Account

Sec. 31.454.  THE ALAMO COMPLEX ACCOUNT.  (a)  The Alamo complex account is a separate account in the general revenue fund.
(b)  The account consists of:
(1)  transfers made to the account;
(2)  fees and other revenue from operation of the Alamo complex;
(3)  grants, donations, and bequests from any source designated for the benefit of the Alamo complex; and
(4)  income earned on investments of money in the account.
(c)  The land office may accept a gift, grant, or bequest of money, securities, services, or property to carry out any purpose related to the preservation and maintenance of the Alamo complex, including funds raised or services provided by a volunteer or volunteer group to promote the work of the land office.  All proceeds under this subsection shall be deposited to the credit of the account.
(d)  Appropriations to the land office for the preservation, operation, or maintenance of the Alamo complex shall be deposited to the credit of the account.
(e)  The land office may use money in the account only to administer this subchapter, including to support the preservation, repair, renovation, improvement, expansion, equipping, operation, or maintenance of the Alamo complex or to acquire a historical item appropriate to the Alamo complex.
(f)  Any money in the account not used in a fiscal year remains in the account.  The account is exempt from the application of Section 403.095, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1046 (H.B. 3726), Sec. 2, eff. September 1, 2011.