reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.41 - Processing Vacancy: Attorney Ad Litem

Current through Reg. 49, No. 28; July 12, 2024
(a) If, based on all the documents submitted,
				  the applicant's list of necessary parties appears to be incomplete, the agency
				  will conduct an investigation of the ownership interests in the alleged vacant
				  land and in the land surrounding the alleged vacant land to ensure that all
				  necessary parties have been identified and located. The investigation shall be
				  completed within sixty (60) days of the application commencement
				  date.
(b) If the agency concludes
				  from its investigation that the applicant has not identified and located all
				  necessary parties, the commissioner will appoint an attorney ad litem within
				  thirty (30) days of the conclusion of the investigation.
(c) The agency shall provide the attorney ad
				  litem with all documents submitted by the applicant and the results of the
				  investigation described in subsection (a) of this section.
(d) The attorney ad litem shall search public
				  records and other available records to identify and locate necessary
				  parties.
(e) At the conclusion of
				  his or her search, the attorney ad litem shall promptly provide the following
				  documents to the agency:
(1) If no additional
				  necessary parties were identified, a declaration that no additional necessary
				  parties were identified.
(2) If
				  additional necessary parties were identified, the name, last known address, and
				  e-mail address (if known) for each additional necessary party and a brief
				  description of the nature of the interest of each additional necessary
				  party.
(3) An affidavit attesting
				  to the attorney ad litem's determination, including a description of the search
				  conducted, the records consulted, the time spent on the search, and the
				  attorney ad litem's determination regarding the identification of additional
				  necessary parties.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.42 - Necessary Party Identified But Not Located

Current through Reg. 49, No. 28; July 12, 2024
(a) If the agency sends a notice to a
				  necessary party and the notice is returned, the agency shall make reasonable
				  efforts to locate the necessary party. If the reasonable efforts do not locate
				  the necessary party, the agency, in its sole discretion, may request that the
				  attorney ad litem make additional reasonable efforts to locate such necessary
				  party.
(b) If the agency or the
				  attorney ad litem cannot locate an identified necessary party, the agency shall
				  publish notice in a newspaper of general circulation in the county and general
				  area where the land alleged to be vacant is located. The notice shall be
				  published once a week for three consecutive weeks. The notice shall:
(1) describe the alleged vacant land as it is
				  described in the application and state whether a survey was filed with the
				  application; if a survey was filed, the notice shall also advise necessary
				  parties of their right to receive a copy of the survey and to file exceptions
				  to the application or the survey;
(2) advise the public that the agency has
				  accepted the application and contact information for agency staff handling the
				  vacancy application;
(3) include
				  applicant's full name and address;
(4) advise necessary parties not otherwise
				  notified to contact agency for copies of the application, survey and other
				  related existing documents; and
(5)
				  advise necessary parties that no further notices will be provided unless a
				  request for same is made to the agency.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.43 - Necessary Party Exceptions to Survey or Vacancy Application

Current through Reg. 49, No. 28; July 12, 2024
(a) A necessary party may file an exception
				  or exceptions to the survey or to the vacancy application within sixty (60)
				  days of the date of the notice of vacancy application from the agency, or
				  within thirty (30) days of the date of notice of an appointed surveyor's report
				  under §
										13.47
				  of this title (relating to Appointed Surveyor's Report). The exceptor must send
				  a copy of the exception to each necessary party that requested continuation of
				  notices by regular mail and by certified mail, return receipt
				  requested.
(b) The agency shall
				  provide a written list of all necessary parties to the vacancy application and
				  their contact information to any necessary party upon written
				  request.
(c) An exception will be
				  accepted for filing if it includes the following documentation:
(1) the GLO file number, the name of the
				  applicant, and the name of the county stated in the vacancy
				  application;
(2) a statement of the
				  legal and factual basis for each exception; and
(3) a statement certifying that a copy of the
				  exception or exceptions has been sent by regular mail and by certified mail,
				  return receipt requested, to each necessary party to the vacancy.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.44 - Investigation of Vacancy Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commissioner shall conduct an investigation of the vacancy
				  application.
(b) The investigation
				  shall include, but is not limited to:
(1) an
				  evaluation of the vacancy application;
(2) a determination that the vacancy
				  application was properly filed and administratively complete; and
(3) a review of public records at the general
				  land office relating to the land alleged to be vacant.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.45 - Commissioner's Survey

Current through Reg. 49, No. 28; July 12, 2024
(a) To investigate
				  a vacancy application, the commissioner may require a survey. If the
				  commissioner requires a survey, the commissioner shall appoint a licensed state
				  land surveyor who is not associated with the vacancy application to prepare a
				  report. The commissioner may limit the scope of the work performed by the
				  surveyor.
(b) A necessary party may
				  observe a survey conducted under this section. A survey will not be delayed to
				  accommodate a necessary party who provides notice to the commissioner that the
				  party intends to observe the surveyor conducting the survey.
(c) The commissioner shall send a notice of
				  intention to survey to each necessary party by regular mail and by certified
				  mail, return receipt requested, not later than the 30th day before the date the
				  surveyor begins work. The notice must contain:
(1) the proposed starting date of the
				  survey;
(2) the name, address, and
				  telephone number of the surveyor; and
(3) a statement informing the necessary party
				  that any necessary party may observe the field work of the surveyor conducting
				  the survey.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.46 - Surveyor Appointed Upon Request of Applicant

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant may request that the
				  commissioner appoint a surveyor to perform the survey required for a vacancy
				  determination. Such request must be made in writing in the vacancy
				  application.
(b) The applicant must
				  bear the cost of the performance of the requested survey by a surveyor
				  appointed by the commissioner. Therefore, upon the commissioner's decision to
				  grant the request for appointment of a surveyor, the agency shall request a
				  cost deposit from the applicant to cover the projected cost of the survey. If
				  the cost deposit payment is not received by the agency within thirty (30) days
				  of the date of the notice of cost deposit from the agency described in §
										13.39(d)
				  of this title (relating to Vacancy Application: Cost Deposit), the application
				  may be dismissed without prejudice.
(c) The commissioner is under no obligation
				  to appoint a surveyor upon request, but, in the commissioner's sole discretion,
				  he or she may appoint a licensed state land surveyor in the manner described in
				  §
										13.45 of
				  this title (relating to Commissioner's Survey).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.47 - Appointed Surveyor's Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Not
				  later than the 120th day after the date a surveyor is appointed under §
										13.45 or
				  §
										13.46
				  of this title (relating to Commissioner's Survey or Surveyor Appointed Upon
				  Request of Applicant), the surveyor shall file a written report of the survey,
				  the field notes describing the land and the lines and corners surveyed, a plat
				  depicting the results of the survey, and any other information required by the
				  commissioner. The commissioner may extend the time for filing the report as
				  reasonably necessary.
(b) The
				  survey report must also contain:
(1) the name
				  and last known mailing address of:
(A) each
				  person who has possession of the land described in the vacancy application;
				  and
(B) each person determined by
				  the surveyor to have an interest in the land; and
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.48 - Completion of Survey by Appointed Surveyor

Current through Reg. 49, No. 28; July 12, 2024
(a) The commissioner shall serve a true copy
				  of the survey report filed by the surveyor appointed under §
										13.45 or
				  §
										13.46
				  of this title (relating to Commissioner's Survey or Surveyor Appointed Upon
				  Request of Applicant) on each necessary party, including those named in the
				  survey report, by certified mail, return receipt requested, not later than the
				  30th business day after the date the survey report is filed with the land
				  office.
(b) Any necessary party may
				  file exceptions to the appointed surveyor's report under §
										13.43
				  of this title (relating to Necessary Party Exceptions to Survey or Vacancy
				  Application).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.49 - Removal of an Appointed Surveyor

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  appointed surveyor may be removed upon motion of the commissioner or of any
				  necessary party.
(b) Petition for
				  removal.
(1) Any necessary party may petition
				  the commissioner for the removal of an appointed surveyor because of bias,
				  prejudice, or conflict of interest.
(2) Any person petitioning the commissioner
				  for removal of an appointed surveyor shall pay all actual costs, but not less
				  than $250.00, for processing the petition for removal including, but not
				  limited to, the cost of the hearing, mailing, copying and staff time and
				  expenses.
(3) The petition must be
				  post marked no later than thirty days after the date of the notice of intention
				  to survey described in §
											13.45(c)
				  of this title (relating to Commissioner's Survey).
(4) An action for removal of an appointed
				  surveyor shall be conducted under the contested-case hearing rules under
				  Chapter 2 of this title (relating to Rules of Practice and
				  Procedure).
(5) The movant for
				  removal of an appointed surveyor must send a copy of the petition for removal
				  and all exhibits thereto to each necessary party by regular mail and by
				  certified mail, return receipt requested.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.50 - Finding of Not Vacant Land

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to
				  the first anniversary of the application commencement date, the commissioner
				  may issue an order finding that the alleged vacancy is "Not Vacant Land" at any
				  time following the completion of the investigation of the vacancy under §
										13.44
				  of this title (relating to Investigation of Vacancy Application) without a
				  hearing. After the first anniversary of the application commencement date, the
				  commissioner may issue an order finding "Not Vacant Land" without a hearing
				  unless a necessary party has properly filed an exception to the application or
				  the survey under §
										13.43
				  or §
										13.48(b)
				  of this title (relating to Necessary Party Exceptions to Survey or Vacancy
				  Application or Completion of Survey by Appointed Surveyor).
(b) The agency shall send a copy of the
				  commissioner's final order finding the alleged vacancy to be "Not Vacant Land"
				  to each necessary party that can be located regardless of whether the necessary
				  party requested continuation of notices. The orders shall be sent by regular
				  mail and certified mail, return receipt requested, not later than the 15th day
				  following the date of the final order.
(c) A final order of the commissioner finding
				  "Not Vacant Land" is conclusive as to the land investigated during the vacancy
				  proceedings and may not be appealed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.51 - Findings that a Vacancy Exists

Current through Reg. 49, No. 28; July 12, 2024
Unless a hearing is required under §
										13.52
					 of this title (relating to Findings that Require Hearing), the commissioner may
					 find that a vacancy exists by issuing a final order supported by findings of
					 fact and conclusions of law at any time following the completion of the
					 investigation of the vacancy under §
										13.44
					 of this title (relating to Investigation of Vacancy
					 Application).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.52 - Findings that Require Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  hearing must be held under §
										51.187 of the Texas
				  Natural Resources Code if both of the following conditions exist:
(1) a necessary party has properly filed an
				  exception to the survey or the application under §
											13.43
				  or §
											13.48(b)
				  of this title (relating to Necessary Party Exceptions to Survey or Vacancy
				  Application or Completion of Survey by Appointed Surveyor) and the commissioner
				  has not issued a final order finding "Not Vacant Land" prior to the first
				  anniversary of the application commencement date; and
(2) the chief surveyor has determined after
				  the investigation under §
											13.44
				  of this title (relating to Investigation of Vacancy Application) that a vacancy
				  may exist.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.53 - Waiver of Hearing Requirement

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  all necessary parties that can be located enter into an agreement with the
				  commissioner that a hearing required by §
										13.52
				  of this title (relating to Findings that Require Hearing) may be waived, no
				  hearing is required.
(b) After the
				  chief surveyor determines that a vacancy may exist, the agency may send a
				  waiver agreement to each necessary party that can be located, stating that the
				  commissioner and the necessary party agree that the hearing requirement may be
				  waived. Upon receipt of signed waiver agreements from each necessary party that
				  can be located, the commissioner shall complete the work necessary to issue a
				  final order.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.54 - Final Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Following the
				  investigation described in §
										13.44
				  of this title (relating to Investigation of Vacancy Application) and a hearing,
				  if one is required by §
										13.52
				  of this title (relating to Findings that Require Hearing), the commissioner
				  shall issue a final order with a finding of "Not Vacant Land" or issue an order
				  finding a vacancy exists. Not later than the 15th day after the date the final
				  order is issued, the agency shall notify each necessary party that can be
				  located of the final order by providing each necessary party a copy of the
				  final order.
(b) In addition to any
				  information required under Chapter 2 of this title (relating to Rules of
				  Practice and Procedure), a final order finding that a vacancy exists must
				  contain the following information:
(1) a
				  finding by the commissioner that the land alleged to be vacant is unsurveyed
				  public school land that is not in conflict with land previously titled,
				  awarded, or sold by the state as established by:
(A) clear and convincing proof for an
				  application to which an exception has been filed; or
(B) a preponderance of the evidence for an
				  application to which no exceptions have been filed;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.55 - Appeal of Final Vacancy Order

Current through Reg. 49, No. 28; July 12, 2024
(a) A final
				  order with a finding of "Not Vacant Land" may not be appealed.
(b) A final order finding a vacancy exists is
				  subject to appeal by a necessary party that has:
(1) a present legal interest in the surface,
				  subsurface or mineral estate at the time a vacancy application is properly
				  filed; or
(2) acquired a legal
				  interest in the vacant land before the date of the commissioner's final
				  order.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.56 - Application for Good-Faith Claimant Status

Current through Reg. 49, No. 28; July 12, 2024
(a) A necessary party may apply for
				  good-faith claimant status not later than the 90th day after the date the
				  commissioner issues a final order finding that a vacancy exists.
(b) Any person who wishes to assert status as
				  a good-faith claimant must submit a good-faith claimant affidavit together with
				  the applicable filing fees found in §
										3.31(b) of
				  this title (relating to Fees). The good-faith claimant affidavit is included in
				  the vacancy application, which can be found on the agency's website at
				  www.glo.texas.gov.
(c) The
				  following documentation, if applicable, must be submitted with the good-faith
				  claimant affidavit:
(1) certified copies of
				  the applicable county records supporting the good-faith claimant's
				  status;
(2) documentary evidence,
				  including, if appropriate, affidavits to establish past or present use or
				  occupation of the surface, subsurface or mineral estate of the land alleged to
				  be vacant;
(3) proof of color of
				  title or other muniment of title;
(4) documentary evidence of possession for a
				  period of at least ten (10) years;
(5) a description of the method of enclosure
				  and relevant information about the definite boundaries recognized in the
				  community, including a physical description of those boundaries and evidence of
				  their recognition; and
(6) a
				  statement of facts supporting a good-faith belief that the vacant land was
				  within legal boundaries that would have vested title in the claimant.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.57 - Priority Among Good-Faith Claimants

Current through Reg. 49, No. 28; July 12, 2024
If more than one necessary party files a good-faith
					 claimant affidavit for land or minerals found to be vacant or on some portion
					 thereof or interest therein, and the commissioner enters a finding that more
					 than one claimant is a good-faith claimant, the commissioner shall apply the
					 following priority rules in descending order to determine who is entitled to a
					 preferential right to purchase or lease the vacant land or any portion
					 thereof:
(1) claimants qualifying
				  under §
										13.33(11)(B)
				  of this title (relating to Definitions), which is based on having the land
				  found to be vacant enclosed or within definite boundaries recognized in the
				  community and in possession under a chain of title for a period of at least ten
				  (10) years with a good-faith belief that the land was included within the
				  boundaries of a survey or surveys that were previously titled, awarded, or sold
				  under circumstances that would have vested title in the land to the claimant if
				  the land were actually located within the boundaries of the survey or
				  surveys;
(2) claimants qualifying
				  under §
										13.33(11)(A)
				  of this title, which is based on occupation or use of the land found to be
				  vacant or any interest in the land for any purposes;
(3) claimants qualifying under §
										13.33(11)(D)
				  of this title, which is based in part on holding title under a person described
				  in §
										13.33(11)(A) or
				  (B) of this title or is entitled to a
				  distributive share of a title acquired under an application filed by a person
				  described in §
										13.33(11)(A) or
				  (B) of this title with a higher priority
				  given to a person holding title under a person described in §
										13.33(11)(B)
				  of this title;
(4) claimants
				  qualifying under §
										13.33(11)(C)
				  of this title, which is based on ownership of land adjoining the vacant land;
				  and
(5) claimants qualifying under
				  §
										13.33(11)(D)
				  of this title, which is based in part on holding title under a person described
				  in §
										13.33(11)(C)
				  of this title or is entitled to a distributive share of a title acquired under
				  an application filed by a person described in §
										13.33(11)(C)
				  of this title.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.58 - Declaration of Good-Faith Claimant Status

Current through Reg. 49, No. 28; July 12, 2024
(a) When determining whether a person is a
				  good-faith claimant, the commissioner may take into account whether, under the
				  facts and circumstances presented, the person should have conducted a title
				  investigation before or after taking possession of the land. The commissioner
				  will also consider whether public records delineated or disclosed the existence
				  of the vacant land prior to the person's use, occupation or possession of the
				  land.
(b) Not later than the 120th
				  day after the date the commissioner issues a final order finding that a vacancy
				  exists, the commissioner shall declare whether a necessary party is a
				  good-faith claimant.
(c) A
				  declaration of good-faith claimant status grants a preferential right to the
				  claimant to purchase or lease the land or an interest in the land under terms
				  and conditions set by the board as provided by §
										51.194
				  of the Texas Natural Resources Code. It confers no other rights.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.59 - Appeal of Declaration of Good Faith Claimant Status

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who is denied good-faith
				  claimant status may:
(1) request a hearing by
				  the commissioner; or
(2) appeal the
				  denial as part of any appeal of a final order finding that a vacancy
				  exists.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.60 - Exercise of Preferential Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  good-faith claimant who has been notified by the commissioner that a vacancy
				  exists under this subchapter has a preferential right to purchase or lease the
				  interest claimed in the land before the land was declared vacant under terms
				  and conditions set by the board. The preferential right may be exercised after
				  a final judicial determination or after the commissioner's final order and the
				  period for filing an appeal has expired.
(b) If a good-faith claimant does not apply
				  to purchase or lease the interest before the later of the 121st day after the
				  date the commissioner's order becomes final or the 60th day after the date of
				  the final judicial determination of an appeal under this subchapter, then the
				  good-faith claimant's preferential right expires.
(c) If a good-faith claimant does not close a
				  transaction to purchase or lease the interest before the 121st day after the
				  date the terms and conditions are determined by the board, then the good-faith
				  claimant's preferential right expires.
(d) A good-faith claimant may purchase or
				  lease the vacancy by submitting a written application to the board. The agency
				  will provide the good-faith claimant with the proper application.
(e) A good-faith claimant that owns a
				  separate surface interest, a contractual right to a mineral or leasehold
				  interest, a leasehold interest, or a royalty interest in the land occupied or
				  used that is found to be part of or to include a vacancy is entitled to
				  purchase or lease that same interest at the price and under the terms and
				  conditions set by the board and in accordance with the law in effect on the
				  date the application is properly filed.
(f) If the interest purchased under
				  subsection (e) of this section is less than a permanent interest, then:
(1) the interest purchased is limited to the
				  duration of a deed, contract, instrument, or lease in existence before the
				  filing of the vacancy application and subject to a division of the amount of
				  the royalty between the state and the existing royalty owners, provided that
				  the state retains at least one-half of the amount of the royalty interest;
				  and
(2) the interest and any
				  remaining mineral interest, including all executory rights, vest with the state
				  at the expiration of the deed, contract, instrument, or lease.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.61 - Purchase or Lease by Applicant

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  no good-faith claimant exists or if no good-faith claimant exercises a
				  preferential right within the applicable period, the applicant has a
				  preferential right to purchase or lease an interest in the vacant land on or
				  before the 60th day after the date on which:
(1) the commissioner determines that no
				  good-faith claimant exists; or
(2)
				  the period for a good-faith claimant to exercise a preferential right to
				  purchase or lease the vacant land expires.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.62 - Terms of Sale or Lease by the School Land Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The board shall set the conditions for
				  each sale or lease of vacant land.
(b) The board, in its sole discretion, may
				  reserve to the State of Texas for the use and benefit of the permanent school
				  fund all oil, gas, coal, lignite, sulphur, and other mineral substances from
				  which sulphur may be derived or produced, salt, potash, uranium, thorium,
				  groundwater, wind, solar and geothermal resources, and all other minerals in
				  and under the vacant land and by whatever method recovered, as well as the
				  right to lease such minerals and the right of ingress and egress to explore for
				  and produce the same.
(c) The board
				  may reserve a royalty in a mineral interest purchased by an applicant in a
				  percentage that the board may determine in its sole discretion.
(d) When leasing vacant land, the board may
				  consider the interests of persons who currently hold or previously held mineral
				  interests in adjoining or surrounding lands when determining the fair
				  distribution of the purchase or leasing rights in the mineral estate. Where
				  there is no good faith claimant, the board may enter into agreements with
				  persons holding mineral interests in adjoining or surrounding lands prior to
				  the vacancy determination in lieu of offering the mineral estate for lease to
				  others.
(e) The board shall
				  recognize a good-faith claimant's preferential right to purchase the surface
				  and lease the minerals in vacant land by offering the good-faith claimant the
				  first opportunity to purchase and lease under terms and conditions and at a
				  price set by the board.
(f) An
				  applicant's preferential right to purchase or lease an interest in vacant land
				  is secondary to the preferential right of good-faith claimants. The board may
				  sell the surface estate and lease the minerals to the applicant under the same
				  conditions as to a good-faith claimant. If neither the good-faith claimant nor
				  the applicant exercises the right to purchase or lease all of the vacant land
				  or any portion thereof within sixty (60) days of the date on which the
				  application for purchase or lease is sent to the good-faith claimant or
				  applicant by the agency, then the agency file shall be endorsed, "surveyed,
				  unsold school land" and may be sold and leased in the manner prescribed by law
				  for sale and lease.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 14 - RELATIONSHIP BETWEEN AGENCY AND PRIVATE ORGANIZATIONS › Section 14.1 - Cooperation with Private Organizations

Current through Reg. 49, No. 28; July 12, 2024
The General Land Office may cooperate with private
				  organizations which are organized or designed to further or support the
				  purposes or programs of mutual interest to the organization and the agency. Any
				  such organization wishing to establish a permanent relationship with the agency
				  as a support organization of the agency must submit copies of its charter and
				  bylaws or other organizational documents to the agency for
				  review.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 14 - RELATIONSHIP BETWEEN AGENCY AND PRIVATE ORGANIZATIONS › Section 14.2 - Designation of Agency Liaison

Current through Reg. 49, No. 28; July 12, 2024
The commissioner may designate an officer or employee of the
				  agency to serve as the agency's liaison with private organizations that further
				  or support the purposes or programs of the agency.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 14 - RELATIONSHIP BETWEEN AGENCY AND PRIVATE ORGANIZATIONS › Section 14.3 - Compensation from Private Organizations

Current through Reg. 49, No. 28; July 12, 2024
An officer or employee who is designated by the commissioner
				  and serves as contemplated in §
									14.2
				  of this title (relating to Designation of Agency Liaison) shall receive no
				  compensation from the private organization for such service.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 14 - RELATIONSHIP BETWEEN AGENCY AND PRIVATE ORGANIZATIONS › Section 14.4 - Use of Personnel, Equipment, or Property

Current through Reg. 49, No. 28; July 12, 2024
The commissioner or his designee may authorize reasonable use
				  of agency personnel, equipment, or property by a private organization in order
				  to further or support the purposes or programs of the agency, provided such
				  usage is commensurate with the benefit received or to be received by the agency
				  or its programs.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 14 - RELATIONSHIP BETWEEN AGENCY AND PRIVATE ORGANIZATIONS › Section 14.5 - Conflict

Current through Reg. 49, No. 28; July 12, 2024
Nothing herein shall supersede any rule or statute regulating
				  the conduct of an employee of a state agency or the procedures of a state
				  agency. To the extent of any conflict, the other rule or statute shall
				  prevail.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.4 - Dune Protection Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Dune protection
				  required. This section provides the standards and procedures local governments
				  shall follow in issuing, denying, or conditioning dune protection permits. A
				  local government shall protect dunes and dune vegetation from adverse effects
				  resulting directly or indirectly from construction in a critical dune area or
				  seaward of its dune protection line, as cumulatively required by the Dune
				  Protection Act, this subchapter, and that local government's dune protection
				  and beach access plan. No person shall initiate or perform construction in
				  violation of TNRC §§63.051, 63.091, or this chapter.
(b) Procedures for local government permit
				  determinations and permit issuance. Before issuing a dune protection permit, a
				  local government shall make the following determinations.
(1) The proposed activity is not a prohibited
				  activity as defined in subsection (c) of this section, §
											15.5 of this title (relating to
				  Beachfront Construction Standards), or §
											15.6 of this title (relating to
				  Concurrent Dune Protection and Beachfront Construction Standards).
(2) The proposed activity will not materially
				  weaken dunes or materially damage dune vegetation based on the application of
				  technical standards resulting in substantive findings under subsection (d) of
				  this section.
(3) There are no
				  practicable alternatives to the proposed activity and the impacts cannot be
				  avoided as provided in subsection (f)(1) of this section.
(4) The applicant's mitigation plan will
				  adequately minimize, mitigate, and/or compensate for any unavoidable adverse
				  effects, as provided in subsection (f)(2) - (5) of this section and the
				  applicant has affirmatively demonstrated the ability to mitigate adverse
				  effects on dunes and dune vegetation.
(5) Where mitigation is required, that the
				  applicant has provided landowners immediately adjacent to the tract with notice
				  of the hearing at least 10 days prior to the hearing on the
				  application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.5 - Beachfront Construction Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Local
				  government certification of beachfront construction. This section provides the
				  standards local governments shall follow when preparing that portion of the
				  dune protection and beach access plan specifically related to issuing or
				  conditioning beachfront construction certificates.
(1) In general, within its jurisdiction, a
				  local government shall not allow diminution of the size of public beaches and
				  shall preserve and enhance public access between public beaches and public
				  roads lying landward. A local government certification shall consist of one of
				  two affirmative findings: an affirmative finding by a local government that the
				  proposed construction is consistent with the beach access portion of a local
				  government's dune protection and beach access plan and does not encroach upon
				  the public beach, nor does it interfere with, or otherwise restrict, the
				  public's right to use and have access to and from the public beach; or an
				  affirmative finding that the proposed construction is inconsistent with the
				  beach access portion of a local government's dune protection and beach access
				  plan. The beach access portion of the local government's dune protection and
				  beach access plan shall provide that beachfront construction will not adversely
				  affect or allow encroachments upon the public beach or interfere with or
				  otherwise impair the public's right to use and have access to and from the
				  public beach.
(2) No person shall
				  initiate or perform construction in violation of Texas Natural Resources Code,
				  §
											61.013 or this
				  Chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.6 - Concurrent Dune Protection and Beachfront Construction Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Local
				  government application of standards. This section provides the standards local
				  governments shall follow when issuing, denying, or conditioning dune protection
				  permits and beachfront construction certificates. This section applies to all
				  construction within the geographic scope of this subchapter and to either
				  permits or certificates or both. The requirements of this section are in
				  addition to the requirements in §
										15.4 of this title (relating to
				  Dune Protection Standards), and §
										15.5 of this title (relating to
				  Beachfront Construction Standards).
(b) Location of construction. Local
				  governments shall require permittees to locate all construction as far landward
				  as is practicable and shall not allow any construction which may aggravate
				  erosion.
(c) Prohibition of erosion
				  response structures. Local governments shall not issue a permit or certificate
				  allowing construction of an erosion response structure. Notwithstanding the
				  general prohibition on constructing erosion response structures, a local
				  government may authorize the construction of a structural shore protection
				  project that conforms with the policies of the General Land Office promulgated
				  in 31 TAC §
										26.26(b) of this
				  title (relating to Policies for Construction in the Beach/Dune System).
				  However, a local government may issue a permit or certificate authorizing
				  construction of a retaining wall, as defined in §
										15.2 of this title (relating to
				  Definitions), under the following conditions. These conditions only apply to
				  the construction of a retaining wall; all other erosion response structures are
				  prohibited.
(1) A local government shall not
				  issue a permit authorizing the construction of a retaining wall within the area
				  200 feet landward of the line of vegetation.
(2) A local government may issue a permit
				  authorizing construction of a retaining wall in the area more than 200 feet
				  landward of the line of vegetation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.7 - Local Government Management of the Public Beach

Current through Reg. 49, No. 28; July 12, 2024
(a) Standards applicable to local governments.
											  This section provides standards applicable to local government issuance, denial, or conditioning of permits
											  or certificates, as well as all other local government activities relating to management of public
											  beaches.
(b) Construction of coastal and shore protection
											  projects. Local governments shall encourage carefully planned beach nourishment and sediment bypassing for
											  erosion response management and prohibit erosion response structures within the public beach and 200 feet
											  landward of the line of vegetation.
(c) Monitoring. A local
											  government or the state may require a permittee to conduct or pay for a monitoring program to study the
											  effects of a coastal and shore protection project on the public beach. Further, permittees are required to
											  notify the state and the appropriate local government of any discernible change in the erosion rate on their
											  property.
(d) Requirements for beach nourishment projects. A
											  local government shall not allow a beach nourishment project unless it finds and the project sponsor
											  demonstrates that the following requirements are met.
(1) The project is
											  consistent with the local government's dune protection and beach access plan.
(2) The sediment to be used is of effective grain size, mineralogy, and
											  quality or the same as the existing beach material.
(3) The
											  proposed nourishment material does not contain any of the hazardous substances listed in the Code of Federal
											  Regulations, Volume 40, Part 300, in concentrations which are harmful to human health or the environment as
											  determined by applicable, relevant, and appropriate requirements established by the local, state, and federal
											  governments.
(4) There will be no adverse environmental effects
											  on the property surrounding the area from which the sediment will be taken or to the site of the proposed
											  nourishment.
(5) The removal of sediment will not have any
											  adverse impacts on flora and fauna.
(6) There will be no adverse
											  effects caused from transporting the nourishment material.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.8 - Beach User Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility.
				  Local governments shall not initiate or amend a beach user fee unless the
				  governing body of the local government with jurisdiction over the area subject
				  to the fee has a state approved dune protection and beach access
				  plan.
(b) Reciprocity of fees.
				  Within each county, local governments are required to establish a
				  state-approved system for reciprocity of fees and fee privileges among the
				  county and the different local governments authorized to charge beach user
				  fees. The establishment of a system of beach user fee reciprocity shall be a
				  condition of state approval of local dune protection and beach access
				  plans.
(c) Approval of beach user
				  fees.
(1) A local government shall not impose
				  a fee or charge for the exercise of the public right of access to and from
				  public beaches. A local government may charge beach users a fee in exchange for
				  providing beach-related services to beach users in general.
(2) The General Land Office will only approve
				  a beach user fee if the fee is reasonable taking into account the cost to the
				  local government of providing public services and facilities directly related
				  to the public beach. A reasonable fee is one that recovers the cost of
				  providing and maintaining beach-related services. In addition, any fee
				  collected for off-beach parking to provide access to and from the public beach
				  is considered a beach user fee.
(3)
				  Local governments shall not impose a beach user fee which:
(A) exceeds the necessary and actual cost of
				  providing reasonable beach-related public facilities and services;
(B) unfairly limits public use of and access
				  to and from public beaches in any manner;
(C) is inconsistent with this subsection or
				  the Open Beaches Act; or
(D)
				  discriminates on the basis of residence.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.9 - Enforcement, Penalties and Remedial Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Penalties.
(1) Civil Penalties.
(A) In addition to any penalties assessed by
				  a local government, any person who violates either the Dune Protection Act, the
				  Open Beaches Act, this subchapter, a removal order issued pursuant to
				  subsection (b) of this section, a restoration order issued pursuant to
				  subsection (c) of this section, or a permit or certificate condition is liable
				  for a civil penalty of not less than $50 nor more than $2000 per violation per
				  day as provided in the Dune Protection Act, §63.181(b) and the Open
				  Beaches Act, §61.018(c). Each day the violation occurs or continues
				  constitutes a separate violation. Violations of the Dune Protection Act, the
				  Open Beaches Act, and the rules adopted pursuant to those statutes are separate
				  violations, and the General Land Office may assess separate penalties. The
				  assessment of penalties under one Act does not preclude another assessment of
				  penalties under the other Act for the same act or omission. Conversely,
				  compliance with one statute and the rules adopted thereunder does not preclude
				  the General Land Office from assessing penalties under the other statute and
				  the rules adopted pursuant to that statute.
(B) A local government may recover civil
				  penalties in a suit by a county attorney, district attorney, or criminal
				  district attorney as authorized in the Dune Protection Act, §63.181(a),
				  and the Open Beaches Act, §61.018(b).