Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 4 - SCHOOL LAND BOARD › Chapter 155 - LAND RESOURCES › Subchapter B - PRACTICE AND PROCEDURE FOR STATE-OWNED LANDS AND FLATS › Section 155.22 - General Limitations; Exchange of Lands; Notice of Lands Used by a District

Current through Reg. 49, No. 28; July 12, 2024
(a) The State of
				  Texas will retain its rights in all mines and minerals, including oil, gas, and
				  geothermal resources, in and under the land, together with the right to enter
				  the land for the purpose of development when it leases land under these
				  rules.
(b) All leases of land under
				  these rules are subject to oil, gas, or mineral leases in existence at the time
				  of the lease to the district.
(c)
				  Any land which has been franchised or leased or is being used by any navigation
				  district or by the United States for the purpose of navigation, industry, or
				  other purpose incident to the operation of a port will not be entered or
				  possessed by the State of Texas or by anyone claiming under the State of Texas
				  for the purpose of exploring for oil, gas, or other minerals except by
				  directional drilling. No easement, lease, or permit may be granted on land
				  which has been leased to a navigation district which will interfere with the
				  proposed use of the land by the navigation district, and the prior approval of
				  the navigation district will be obtained for such purpose.
(d) No surface drilling location may be
				  nearer than 660 feet and special permission from the commissioner of the
				  General Land Office is necessary to make any surface location nearer than 2,160
				  feet, measured at right angles from the nearest bulkhead line designated by a
				  navigation district or the United States as the bulkhead line or from the
				  nearest dredged bottom edge of any channel, slip, or turning basin which has
				  been dredged, or which has been authorized by the United States as a federal
				  project for future construction, whichever is nearer.
(e) In the event land is leased to a
				  navigation district for construction of a navigation project, the board may in
				  the lease designate the district to be the agent of the State of Texas with
				  authority to grant to the United States of America such easements for dredging
				  and disposal of dredged material as may be required for federal participation
				  in the project. In designating the district to be the agent of the State of
				  Texas for the purpose of granting spoil easements, the board may include a
				  requirement that the district obtain the approval of the board before granting
				  any such easement. Such approval may be given in the form of accepting a master
				  plan for spoil disposal.
(f)
				  Districts which, prior to the enactment of Senate Bill 274, Acts 1973, 63rd
				  Leg., had obtained patents to state-owned lands or flats under Texas Civil
				  Statutes, Article 8225, Revised Civil Statutes of Texas, 1925, or under any
				  general or special act, and which still claim title to any such lands or flats,
				  may not hereafter dispose of any such lands or flats which were conveyed to
				  them by the State of Texas and may not lease such lands or flats for a use
				  which is not reasonably related to the promotion of navigation as defined in
				  §
										155.1(a)
				  of this title (relating to General Provisions). In the event a district
				  possesses lands it finds to be in excess of its needs, it may sell such surplus
				  lands or flats back to the State of Texas for the same consideration as
				  originally paid to the state or exchange them for other lands with the State of
				  Texas. The limitation on resale of lands or flats acquired from the State of
				  Texas will not prevent a district from exchanging such lands or flats for land,
				  or rights in land, of an adjacent littoral owner for the purpose of adjusting
				  or straightening the boundary between such lands. All such exchanges made after
				  December 31, 1973, are subject to the approval of the board.
(g) Any district, which prior to January 1,
				  1974, has exchanged lands or flats for land, or rights in land, of an adjacent
				  littoral owner for the purpose of adjusting or straightening the boundary
				  between such lands as provided in §
										155.2(f)
				  of this title (relating to Leases), shall notify the board by filing with the
				  board a copy of the instrument authorizing such, and a survey plat and field
				  notes sufficiently detailing the nature of the land exchange by January 1,
				  l977.
(h) Any district which
				  desires to undertake a land exchange for any purpose will submit in writing to
				  the board the reason for the proposed exchange and a survey plat and field
				  notes of the land involved in the exchange. The board may require the district
				  to comply with the provisions of §
										155.1 of this
				  title (relating to General Provisions) if it is determined by the board that
				  such exchange will result in a significant effect on the environment.
(i) Any district which, prior to May 27,
				  1975, has maintained, and which as of May 27, 1975, is maintaining any channel,
				  dredged material disposal site, or other navigational aid or improvement on
				  state-owned lands to which the district holds no patent or lease from the state
				  will notify the General Land Office of the boundaries of such submerged land
				  used by furnishing a map or other drawing acceptable to the General Land
				  Office. The board may require a lease for the continued use of such lands as
				  provided in §
										155.1 of this
				  title (relating to General Provisions).