reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 9 - EXPLORATION AND LEASING OF STATE OIL AND GAS › Subchapter F - DISCONTINUING THE LEASEHOLD RELATIONSHIP › Section 9.94 - Termination

Current through Reg. 49, No. 28; July 12, 2024
(a) Causes. The circumstances under which a
				  state oil and gas lease will terminate are determined by certain provisions in
				  each lease and by the laws of the state.
(b) Procedure.
(1) Termination occurs automatically whenever
				  a condition of a lease, as defined by the lease and the laws of the state, is
				  not met.
(2) When the GLO becomes
				  aware of facts and circumstances which would result in the termination of a
				  lease, the GLO will, as a courtesy, issue an initial notice of termination to
				  the lessee as shown by the GLO files. This notice shall inform the lessee of
				  the GLO's determination that the lease at issue has terminated and the reasons
				  for this determination. This notice shall also inform the lessee that the
				  lessee has 30 days in which to present evidence and convince the GLO that a
				  termination has not occurred.
(3)
				  If such evidence has not been presented at the expiration of the 30-day period,
				  the mineral file shall be endorsed "terminated."
(4) Should such evidence be presented to the
				  GLO within the 30-day period, the GLO shall review it and determine if it
				  proves to the GLO's satisfaction that the lease at issue did not terminate. If
				  the GLO is not so persuaded, a final notice stating this conclusion and the
				  GLO's reasons shall be sent to the lessee and the mineral file shall be
				  endorsed "terminated." If the GLO is persuaded by the evidence presented that
				  the lease at issue did not terminate, a letter explaining this conclusion shall
				  be sent to the lessee and filed in the mineral file.
(5) Failure of the GLO to send these notices,
				  or failure of the appropriate parties to receive these notices, will not in any
				  way affect the termination itself nor alter any liabilities accruing before or
				  after termination.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 9 - EXPLORATION AND LEASING OF STATE OIL AND GAS › Subchapter F - DISCONTINUING THE LEASEHOLD RELATIONSHIP › Section 9.95 - Forfeiture

Current through Reg. 49, No. 28; July 12, 2024
(a) Forfeiture for failure to drill an offset
				  well.
(1) Duty. See §
											9.37
				  of this title, (relating to Offset Well Obligations & Compensatory
				  Royalties) for a full discussion of the duty to drill offset wells.
(2) Subject to forfeiture. A lease is subject
				  to forfeiture if there is a failure or refusal to:
(A) begin the drilling operation required in
				  §9.37 within the proper time frame set out in that section; or
(B) prosecute this activity as required and
				  as is necessary to reasonably develop the state land and to protect it against
				  drainage.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 10 - EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS › Section 10.1 - Definitions; Exploration and Development Guide

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				terms, when used in this chapter, shall have the following meanings, unless the
				context clearly indicates otherwise.
(1)
				Board--The School Land Board.
(2)
				Commissioner--The commissioner of the General Land Office.
(3) GLO--The General Land Office.
(4) Land trade lands--Lands, the surface of
				which have been sold or traded with mineral rights and leasing rights retained
				by the state.
(5) Mineral--Any
				naturally occurring inorganic or organic substance formed through geological
				processes having a definite chemical composition or a range of characteristic
				chemical compositions, and distinctive physical properties or molecular
				structure, or an aggregate thereof, that may be extracted from the earth with
				an expectation of profit. This includes, but is not limited to, base and
				precious metals; industrial minerals, such as gypsum, sulphur, talc, etc.; coal
				and lignite; construction materials such as granite, limestone, rhyolite and
				other rock that may be quarried for dimension stone or crushed for aggregate;
				or sand, gravel, caliche, clay and borrow material.
(6) Person--Any individual, partnership,
				corporation, association, or other legal entity.
(7) PSF--The Permanent School Fund.
(8) PUF--The Public University
				Fund.
(9) Relinquishment Act
				lands--Any public free school or asylum lands, whether surveyed or unsurveyed,
				sold with a mineral classification or reservation between September 1, 1895,
				and August 21, 1931. For the purposes of this chapter and for convenience, the
				term "Relinquishment Act lands" shall encompass any other lands, including
				vacancy lands, patented with all minerals reserved to the state and expressly
				made subject to the leasing terms and procedures governing Relinquishment Act
				lands.
(10) Relinquishment Act
				leases--Leases issued under the Texas Natural Resources Code, Chapter 53,
				Subchapter C, and §
										10.5
				of this title (relating to Mining Leases on Relinquishment Act
				Lands).
(11) RRC--The Texas
				Railroad Commission.
(12) SLB--The
				School Land Board.
(13) Surface
				mining--The mining of minerals by removing the overburden, if any, lying above
				the natural deposit of minerals and mining directly from the natural deposits
				that are exposed. The term does not include in situ mining
				activities.
(14) TDC--The Texas
				Department of Corrections.
(15)
				TPWD--The Texas Parks and Wildlife Department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 10 - EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS › Section 10.2 - Prospect Permits on State Lands

Current through Reg. 49, No. 28; July 12, 2024
(a) Lands and
				minerals subject to prospecting. See §
									10.1
				of this title (relating to Definitions; Exploration and Development Guide) to
				determine which lands and minerals are subject to prospect permit procedures.
				Generally, minerals other than coal, lignite, sulphur, salt, and potash, on PSF
				fee lands and land trade lands are subject to prospecting under this
				section.
(b) If the commissioner
				determines that a certain mineral is present on a state tract subject to
				prospect, and that it is in the best interest of the PSF to issue a prospect
				permit to the highest and best bidder pursuant to a competitive bidding
				process, the commissioner shall offer the tract for prospect in accordance with
				§10.4(c), (d) and (e) of this title pertaining to the procedure for
				competitive lease sales.
(c)
				Application requirements and procedures.
(1)
				Any person, firm, or corporation desiring to apply for a prospect permit shall
				make written application upon the form prescribed by the commissioner and
				furnished by the GLO. The application to prospect shall include:
(A) a description of the tract of land which
				identifies it by the section number, part of section or survey to be
				prospected, township number, and/or certificate number, if applicable, survey
				name, block number, number of acres to be prospected, and county or counties in
				which the land lies and, if land trade lands, the name and address of surface
				owner of record in the tax assessor's office; and
(B) the name, address, phone number, and
				taxpayer ID number of the applicant. If the applicant is a corporation, the
				corporate name, address, phone number, Texas Comptroller's taxpayer ID number,
				and the name of the officer authorized to execute applications for permits and
				leases.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 10 - EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS › Section 10.4 - Exploration and Mining Leases for Minerals Subject to Sealed Bid

Current through Reg. 49, No. 28; July 12, 2024
(a) Lands and minerals subject to lease.
				Generally, coal, lignite, sulphur, salt, and potash on PSF lands and all
				minerals on state agency lands are subject to lease by sealed bid. See §
									10.1
				of this title (relating to Definitions; Exploration and Development Guide) for
				lands and minerals which are subject to lease under these sealed bid procedures
				and §
									10.2(b)
				of this title for other minerals that may be leased under the
				section.
(b) Exploration for
				certain minerals. Exploration for coal, lignite, sulphur, salt, and potash on
				PSF lands may be conducted under geophysical and geochemical permits issued by
				the GLO. Applications must be submitted on forms prescribed by the GLO. (See
				§
									9.11
				of this title)
(c) Nomination,
				advertising, and award of tracts.
(1)
				Nominations, setting of terms and conditions, evaluation of sealed bids,
				advertising, and awards are administered by the SLB under Chapter 9 of this
				title (relating to Exploration and Leasing of State Oil and Gas).
(2) On land trade lands, the GLO will notify
				the surface owner that a lease has been issued if the surface owner requests
				such notice in writing by furnishing the GLO with a current mailing address and
				a legal description of each tract on which he desires such notice. Failure of
				the surface owner to receive notice will not affect the validity of a lease
				issued under this section.
(3) TPWD
				may review the leasing of lands whose minerals are subject to lease under this
				section but whose surface is owned or leased by TPWD or is subject to a
				conservation easement in favor of TPWD. If such lands are nominated for lease,
				the GLO shall notify the executive director of TPWD of such nomination. On the
				same day as a lease is issued on such lands, the TPWD will be notified of the
				issuance of the lease. Such lease will state that the surface of such land is
				owned or leased by TPWD or is subject to a conservation easement in favor of
				TPWD and will identify the TPWD park or area manager who is responsible for the
				surface of the land.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 10 - EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS › Section 10.5 - Mining Leases on Relinquishment Act Lands

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Lands and minerals subject to lease.
(1) Any
				survey or portion of a survey of the Relinquishment Act land, as this term is
				uniquely defined in §
										10.1(a)(9)
				of this title (relating to Definitions; Exploration and Development Guide), is
				subject to lease under this section.
(2) All minerals, as defined in §
										10.1(a)(5)
				of this title are subject to lease by the surface owner as agent for the state.
				Minerals other than oil and gas may be leased together or separately. Oil and
				gas must be leased under the terms of Chapter 9 of this title (relating to
				Exploration and Leasing of State Oil and Gas).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 10 - EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS › Section 10.6 - Sulphur Unit Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) Application for
				sulphur production agreement. A proposed sulphur unit agreement shall set out:
(1) the total acreage in the unit, the number
				of state acres in the unit, and number of privately owned acres in the
				unit;
(2) a listing of the leases
				included within the proposed unit and recording information for such leases in
				the public records;
(3) a plat
				outlining the entire unit and showing in red the state acreage included in the
				unit;
(4) how production is to be
				allocated to each lease; and
(5)
				for each state lease, the state's royalty interest and any costs or deductions
				allowed against that interest.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 10 - EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS › Section 10.7 - Conduct of Exploration and Mining Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and scope.
(1) It is the intent of this section to set
				minimum standards of conduct for lessees or permittees on state properties
				leased or permitted under this chapter. These minimum standards cover several
				types of state property, many different minerals, a wide range of mining
				techniques, dramatically different kinds of terrain and many different
				locations of varying value throughout the state. To provide the flexibility to
				accommodate these differences:
(A) the GLO
				has and will continue to include specific and express restrictions and
				standards concerning exploration and development of its minerals in each lease
				it negotiates and in each plan of operations it approves;
(B) if the minimum standards of conduct in
				this section conflict with express provisions in a lease form or in an approved
				plan of operations, then the express provisions will control; and
(C) the commissioner may grant, in accordance
				with the law, written exceptions to the minimum standards and procedural rules
				found in this section if the commissioner makes a written determination that
				such exceptions are in the best interests of the PSF.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 10 - EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS › Section 10.8 - Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements

Current through Reg. 49, No. 28; July 12, 2024
(a) Assignments
				and releases.
(1) A lease or permit issued
				under this chapter may be assigned at any time, unless otherwise stated in the
				lease or permit, in the manner provided for by TNRC §52.026. The liability
				of the transferor to properly discharge its obligations under the lease shall
				pass to the transferee. The commissioner may require the transferee to
				demonstrate that it has the financial responsibility to properly discharge its
				obligations under the lease, and may require the transferee to post a bond or
				provide other security to secure those obligations.
(2) After recordation, lessee or permittee
				shall obtain a certified copy from the county clerk of each recorded assignment
				covering the state lease or permit. Lessee or permittee shall send such
				certified copies to GLO within 90 days of the date of recordation, accompanied
				by the filing fee prescribed in §
										3.31 of this
				title (relating to Fees).
(3) An
				assignment of any lease except a state agency or a Relinquishment Act lease is
				not effective until a certified copy of such assignment has been filed by the
				GLO. Failure to file a certified copy of an assignment of any lease, including
				a state agency or a Relinquishment Act lease, shall subject the lease to
				forfeiture. An assignment shall not have the effect of releasing the assignor
				from any liability incurred or claim previously accrued in favor of the
				state.
(4) The lessee or permittee
				may release the lease or permit back to the state at any time. To release a
				lease or permit, a lessee or permittee must record the release in each county
				where the state tract is located and mail a certified copy of each recorded
				release to GLO accompanied by the filing fee prescribed in §
										3.31 of this
				title (relating to Fees).
(5) A
				release is not effective until a certified copy of the release is filed by the
				GLO. A release shall not have the effect of releasing lessee or permittee from
				any liability incurred or claim previously accrued in favor of the
				state.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 10 - EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS › Section 10.9 - Mineral Awards and Patents

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
				Anyone who was issued a mineral award prior to March 15, 1967, under former
				Texas Civil Statutes, Articles 5388-5403, may patent the mineral award upon
				proper compliance with the statutory requirements and the rules promulgated by
				the GLO.
(b) Lands and minerals
				subject to patent.
(1) All valuable
				mineral-bearing deposits, placers, veins, lodes, and rock carrying metallic or
				nonmetallic substances of value except oil, natural gas, coal, and lignite,
				shall be subject to patenting.
(2)
				Only those lands which are presently encumbered by a mineral award are subject
				to patenting.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 10 - EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS › Section 10.10 - Consistency with Coastal Management Program

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided in §
									16.1(c)
				  of this title (relating to Definitions and Scope), an action listed in §
									16.1(b)
				  of this title (relating to Definitions and Scope) taken or authorized by the
				  GLO or SLB pursuant to this chapter that may adversely affect a coastal natural
				  resource area, as defined in §
									16.1 of
				  this title (relating to Definitions and Scope), is subject to and must be
				  consistent with the goals and policies identified in Chapter 16 of this title
				  (relating to Coastal Protection) in addition to any goals, policies, and
				  procedures applicable under this chapter. If the provisions of this chapter
				  conflict with and can not be harmonized with certain provisions of Chapter 16
				  of this title (relating to Coastal Protection), such conflicting provisions of
				  Chapter 16 of this title (relating to Coastal Protection) will
				  control.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter A - RULES, PRACTICE, AND PROCEDURE FOR LAND LEASES AND TRADES › Section 13.2 - Land Trades

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Land
				  dedicated to or acquired for the use and benefit of the permanent school fund
				  may be traded to:
(1) aggregate sufficient
				  acreage of contiguous land to create a manageable unit;
(2) acquire land having unique biological,
				  geological, cultural, or recreational value;
(3) create a buffer zone for the enhancement
				  of already existing public land, facilities, or amenities; or
(4) acquire land for the use and benefit of
				  the permanent school fund as determined by the School Land Board to be in the
				  best interest of the fund.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter A - RULES, PRACTICE, AND PROCEDURE FOR LAND LEASES AND TRADES › Section 13.3 - Grants and Credits

Current through Reg. 49, No. 28; July 12, 2024
(a) Permanent
				  Improvements.
(1) On permanent school fund
				  land leased or improvements for any purposes, the commissioner of the General
				  Land Office may:
(A) grant money from a
				  special account funded from surface damage fees to the lessee to make permanent
				  improvements to the land or improvements; or
(B) allow the lessee credit against the rent
				  for all or part of the cost of making permanent improvements to the
				  land.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter B - RIGHTS-OF-WAY OVER PUBLIC LANDS › Section 13.12 - Nature of Grant

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commissioner may grant easements for any purpose, under any terms, and for any
				  term that the commissioner deems to be in the best interest of the
				  state.
(b) An easement or lease, if
				  granted by the commissioner, will be subject to the rules contained in this
				  section and will bind the grantee to comply with the following provisions:
(1) To comply with all existing rules and
				  with all existing and future rules or orders which the commissioner determines
				  to be necessary and proper in order to provide for the protection and
				  conservation of the natural resources of public lands and waters.
(2) To pay when due to the General Land
				  Office the necessary filing fee and rent determined by the commissioner to be
				  adequate compensation for the use of public lands.
(3) To record at grantee's expense any
				  easement granted by the commissioner in the office of the county clerk of the
				  county in which the land lies and to furnish a certificate of such recording to
				  the commissioner.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter B - RIGHTS-OF-WAY OVER PUBLIC LANDS › Section 13.13 - Renewal, Assignment, Termination

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An application for renewal of an existing easement or lease shall utilize the
				  land office contract form and rate schedule, and adhere to rules in effect at
				  the time renewal is requested. The application should also include the existing
				  miscellaneous easement number and the date of expiration of the
				  easement.
(b) Assignment may be
				  made of any interest rights granted in whole or in part subject to the written
				  approval of the commissioner. A fee payable to the General Land Office must
				  accompany the application for approval of an assignment. No assignment shall be
				  effective to transfer any rights until approved by the commissioner, the
				  grantee, and the assignee.
(c)
				  Failure to comply with these rules subjects the easement or lease to
				  termination by the commissioner.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter B - RIGHTS-OF-WAY OVER PUBLIC LANDS › Section 13.14 - Exemption

Current through Reg. 49, No. 28; July 12, 2024
Activities of a mineral interest holder on a leased tract
					 on which a producing well is located when such activities are directly
					 connected with the production of said tract are exempt from these
					 rules.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter B - RIGHTS-OF-WAY OVER PUBLIC LANDS › Section 13.15 - Right of Commissioner To Postpone Determination

Current through Reg. 49, No. 28; July 12, 2024
Should the commissioner of the General Land Office deem it
					 to be in the public interest, action on the granting or denial of an easement,
					 pursuant to the Texas Deepwater Port Procedures Act, Texas Civil Statutes,
					 Article 5415i, across public lands may be postponed until after such time as a
					 public hearing is held, pursuant to §
										13.16
					 of this title (relating to Hearings Under the Texas Deepwater Port Procedures
					 Act).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter B - RIGHTS-OF-WAY OVER PUBLIC LANDS › Section 13.16 - Hearings under the Texas Deepwater Port Procedures Act

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice of any hearing under the Texas
				  Deepwater Port Procedures Act (Texas Civil Statutes, Article 5415i), shall be
				  filed with the secretary of state for publication in the Texas Register; in
				  addition, it shall be published in the manner prescribed in § 5(b) and
				  § 6(b) of the Texas Deepwater Port Procedures Act. Notice will be
				  published at least 30 days before any public hearing. In the event a public
				  hearing is conducted in some place other than Austin, Travis County, Texas,
				  notice of the hearing will also be published at least twice, in each of two
				  consecutive weeks, no later than 30 days prior to the date of the hearing, in a
				  newspaper having general circulation in the county where the hearing will be
				  held.
(b) The notice of hearing
				  shall include:
(1) the time, date, and
				  location of the hearing;
(2) a
				  brief explanation of the purpose of the hearing; and
(3) any other statement or materials required
				  by law or deemed necessary and proper by the commissioner.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter B - RIGHTS-OF-WAY OVER PUBLIC LANDS › Section 13.17 - Fees for Right-of-Way Easement

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  following table lists the fees, surface damages and terms for pipeline
				  right-of-way easements across public lands as established by the commissioner
				  of the General Land Office.
Attached
					 Graphic
(b)
				  Right-of-way easements for pipelines issued prior to December 31, 1983, shall
				  be renewed upon the expiration of their current term at the full rate presented
				  in subsection (a) of this section. These renewals shall be considered as
				  easements for new pipelines for purposes of subsection (c) of this
				  section.
(c) Right-of-way easements
				  issued for new pipelines after December 31, 1983, shall be renewed at the full
				  rate applicable to pipelines at the time of renewal, provided grantee has
				  complied with all the terms and conditions of the easement agreement, including
				  the notice, application, renewal fee payment, and documentation requirements
				  contained therein.
(d) At the
				  commissioner's discretion, a right-of-way easement for pipelines may be renewed
				  for a term less than 20 years and the rates prorated accordingly.
(e) The following table lists the fees,
				  rates, and terms for power line rights-of-way easements over and across public
				  lands as established by the commissioner.
Attached
					 Graphic
(f)
				  Fees, rates and terms for communications, data, and other right-of-way
				  easements will be negotiated.
(g)
				  Renewal fees, rates and terms for all power, communications, data, and other
				  right-of-way easements over and across public lands are the fees, rates, and
				  terms in effect at the time of renewal.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter B - RIGHTS-OF-WAY OVER PUBLIC LANDS › Section 13.18 - Fees for Surface Leases for Certain Facilities

Current through Reg. 49, No. 28; July 12, 2024
The following table lists the fees and terms for surface
					 leases of public lands for certain facilities as established by the
					 commissioner of the Texas General Land Office.
Attached
					 Graphic
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter B - RIGHTS-OF-WAY OVER PUBLIC LANDS › Section 13.19 - Protection of Certain State Land

Current through Reg. 49, No. 28; July 12, 2024
The commissioner of the General Land Office establishes
					 that all of the state owned lands included within the proposed additions to the
					 coastal barrier resources system by the United States Department of the
					 Interior's February, 1987, draft report to congress, Coastal Barrier Resources
					 System, Proposed Recommendations for Additions to or Deletions from the Coastal
					 Barrier Resources System, Volumes 19 and 20, are areas to be used primarily for
					 wildlife refuge, sanctuary, recreation, or natural resources conservation
					 purposes. Volumes 19 and 20 of the draft report are adopted by reference only
					 for the purpose of specifying which lands are proposed for addition to the
					 coastal barrier resources system. Copies of volumes 19 and 20 of the draft
					 report can be obtained by sending a written request to the Texas General Land
					 Office, 1700 North Congress Avenue, Austin, Texas 78701.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter B - RIGHTS-OF-WAY OVER PUBLIC LANDS › Section 13.20 - Reduction or Waiver of Fees; Non-Cash Consideration

Current through Reg. 49, No. 28; July 12, 2024
The commissioner of the General Land Office may reduce or
					 waive any fee set forth in this chapter, or accept non-cash consideration in
					 lieu of all or part of such fee, or both, if such action would be in the public
					 interest as determined by the commissioner.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter B - RIGHTS-OF-WAY OVER PUBLIC LANDS › Section 13.21 - State-Owned Riverbeds and Beds of Navigable Streams

Current through Reg. 49, No. 28; July 12, 2024
(a) The commissioner may grant easements or
				  leases for commercial and non-commercial improvements constructed on, across,
				  through or under non-tidally influenced state-owned riverbeds and beds of
				  navigable streams in the public domain, for bridges and those structures and
				  purposes specifically enumerated in Texas Natural Resources Code §
										51.291 and
				  §
										51.292.
(b) The fees for such instruments shall be
				  determined in accordance with §
										13.17
				  of this title (relating to Fees for Right-of-Way Easement) and §
										13.18
				  of this title (relating to Fees for Surface Leases for Certain
				  Facilities).
(c) Certain private,
				  non-commercial improvements and structures which were constructed prior to
				  September 1, 1993, and which are located upon state-owned riverbeds or beds of
				  navigable streams, such as dams, low water crossings, docks, piers, groins,
				  bulkheads, guy and tie-down cables, boat houses or similar structures, are
				  considered properly permitted in accordance with the provisions of Texas
				  Natural Resources Code §
										51.302(a)
				  without further action on the part of the owner or payment of fee set forth in
				  this chapter.
(d) Any modification
				  of the improvements contemplated in subsection (c) of this section made after
				  September 1, 1993 which results in an expansion of the footprint occupied by
				  those improvements upon state land shall automatically void the permit granted
				  by that subsection, requiring the owner or possessor of such facility or
				  structure to obtain from the commissioner an easement, lease, permit or other
				  instrument in accordance with Texas Natural Resources Code Chapters 33 or 51,
				  and may subject the facility or structure to the provisions of Texas Natural
				  Resources Code §
										51.302
				  and §
										51.3021,
				  related to penalties for and the removal of unauthorized structures on state
				  lands.
(e) In an action under Texas
				  Natural Resources Code §
										51.302 or
				  §
										51.3021,
				  the person who constructs or maintains the structure or facility has the burden
				  of demonstrating that it was constructed prior to September 1, 1993.
(f) Nothing contained in this section shall
				  be construed so as to limit the authority of the commissioner contained in
				  Texas Natural Resources Code Chapters 33 or 51.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter C - GROUNDWATER LEASING › Section 13.30 - Statement of Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  applies to applications to lease public lands dedicated to the permanent school
				  fund for the purpose of exploring for or developing groundwater resources
				  located on or under such lands.
(b)
				  The provisions of this subchapter are intended to assure that the groundwater
				  resources of permanent school fund lands are developed and produced in a manner
				  that maximizes their potential while recognizing and taking into account the
				  public interest, sound water use and conservation practices, and impacts on
				  existing uses.
(c) Projects
				  undertaken by a lessee to develop groundwater resources on permanent school
				  fund lands will be subject to applicable local, state, and federal law as well
				  as any applicable rules of groundwater conservation district(s) in which the
				  lands may be located. For land not located in a groundwater conservation
				  district, the commissioner may require development consistent with the rules of
				  any groundwater conservation district with jurisdiction over an aquifer that is
				  likely to be affected by the project. Such projects may not export groundwater
				  produced from state-owned land to a foreign country.
(d) Lessees will be authorized to develop
				  groundwater resources on permanent school fund lands only when sufficient
				  scientific data and technical information is available for an informed
				  determination that the groundwater resource can be produced in a manner that
				  will support an economically viable market with a sustained yield that does not
				  significantly affect current uses of adjoining users of water from the same
				  source in an adverse manner.
(e)
				  The commissioner shall submit proposed leases of permanent school fund lands
				  that include authorization for the commercial development of groundwater
				  resources to the School Land Board for review and comment prior to final
				  approval and execution of any such leases. Additionally, any regional water
				  planning group and/or groundwater conservation district in which lands proposed
				  for such leases are located shall be notified prior to final approval and
				  execution of any such leases.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.32 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  applies to applications to purchase or lease vacant land filed on or after June
				  18, 2009. This subchapter implements Texas Natural Resources Code §§
										51.171
				  -
				  51.195,
				  Acts 2005, 79th Legislature, Chapter 974 (2005), as amended in Acts 2009, 81st
				  Legislature, Chapter 1175 (2009).
(b) Texas Natural Resources Code §§
										51.171
				  -
				  51.192 and the
				  related regulations at Subchapter F, §§
										13.71-
				  13.83
				  of this chapter (relating to Vacancy Process), continue to apply to
				  applications pending before the General Land Office and actions arising out of
				  vacancy applications pending in the courts of the State of Texas on or before
				  June 18, 2009.
(c) To the extent
				  permitted by statute and upon written request of a party, the commissioner may
				  grant an extension of time to comply with a requirement of this subchapter or
				  of Subchapter E of Chapter 51 of the Texas Natural Resources Code, relating to
				  Sale or Lease of Vacancies.
(d) The
				  commissioner may waive any time limitation set forth in this subchapter or
				  Subchapter E of Chapter 51 of the Texas Natural Resources Code, relating to
				  Sale or Lease of Vacancies, but only to the extent that the waiver does not
				  materially prejudice the rights of a necessary party.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.33 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms, when used in this subchapter, mean the
					 following unless the context clearly indicates otherwise.
(1) "Applicant" means any person, including a
				  good-faith claimant, who files a vacancy application.
(2) "Application commencement date" means the
				  date determined by the commissioner following the agency's determination that
				  the application is administratively complete, which generally will be not later
				  than thirty days following the date of the letter determining that the
				  application is administratively complete.
(3) "Agency" means the General Land
				  Office.
(4) "Board" means the
				  School Land Board.
(5) "Chief
				  surveyor" means the chief surveyor of the General Land Office.
(6) "Commissioner" means the commissioner of
				  the General Land Office.
(7) "Cost
				  deposit" means an advance payment required to be made by the applicant to cover
				  the anticipated costs of a vacancy proceeding.
(8) "Eligible surveyor" means a duly elected
				  county surveyor in a county that has an elected county surveyor or a licensed
				  state land surveyor as defined in §
										1071.002(5)
				  of the Texas Occupations Code.
(9)
				  "Exception" means an objection or protest.
(10) "Exceptor" means the necessary party
				  filing an exception to a survey or vacancy application.
(11) "Good-faith claimant" means a person
				  who, on the application commencement date:
(A)
				  occupies or uses or has previously occupied or used, or whose predecessors in
				  interest in the land alleged to be vacant have occupied or used, the land or
				  any interest in the land for any purposes, including occupying or using:
(i) the surface or mineral estate for any
				  purposes, including exploring for or removing oil, gas, sulphur, or other
				  minerals and geothermal resources from the land;
(ii) an easement or right-of-way;
				  or
(iii) a mineral royalty or
				  leasehold interest;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.34 - Vacancy Application: Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An applicant seeking a vacancy determination should file a vacancy application
				  on the form prescribed by the commissioner, which may be obtained as follows:
(1) by request in a letter addressed to the
				  Vacancy Administrator, Texas General Land Office, Legal Services Division, P.O.
				  Box 12873 (physical address 1700 N. Congress Avenue 78701), Austin, Texas
				  78711-2873; or
(2) on the agency's
				  website at www.glo.texas.gov.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.35 - Vacancy Application: Filing in the County Land Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The applicant must file the original and
				  a duplicate copy of the vacancy application with the county clerk of each
				  county in which all or part of the land alleged to be vacant is
				  located.
(b) The county clerk shall
				  mark the exact date and hour of filing on the original and a duplicate copy of
				  the vacancy application and shall return a marked copy to the person filing the
				  application. The original shall be recorded in a book kept for that purpose
				  separate from the deed or real property records. The failure to record a
				  vacancy application as provided by this subsection does not affect the validity
				  of the application filing.
(c) Not
				  later than the fifth day after the date an applicant files the vacancy
				  application with the county clerk, the applicant shall file a duplicate copy of
				  the marked copy received from the county clerk with the county surveyor of each
				  county in which all or part of the land alleged to be vacant is located if that
				  county has a county surveyor.
(d)
				  Priority among vacancy applications covering the same land alleged to be vacant
				  is determined by the earliest time of filing indicated by the date and hour
				  marked on the application by the county clerk.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.36 - Vacancy Application: Filing in the Land Office

Current through Reg. 49, No. 28; July 12, 2024
(a) The applicant shall submit to the
				  commissioner two duplicate copies of the marked copy that has been file-stamped
				  by the county clerk not later than the 30th day after the date the vacancy
				  application is filed with the county clerk. The commissioner shall mark the
				  date on which the two duplicate copies are received on each copy, assign a file
				  number to the vacancy application, and return a marked duplicate copy
				  containing the file number to the applicant.
(b) The applicant shall include the
				  applicable filing fees for the documents submitted as set forth in §
										3.31(b) of
				  this title (relating to Fees). The fees for a properly filed application are
				  non-refundable.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.37 - Vacancy Application: Application Properly Filed

Current through Reg. 49, No. 28; July 12, 2024
(a) When a vacancy application is received by
				  the agency, the chief surveyor will determine whether the application was
				  properly filed under §
										13.34
				  of this title (relating to Vacancy Application: Requirements).
(b) The date of the chief surveyor's
				  determination that the application is properly filed is the filing date for the
				  vacancy application, and the filing date shall be noted on the
				  application.
(c) The commissioner
				  may reject an application:
(1) if an
				  application is deemed not properly filed; or
(2) if the agency files contain a previous
				  determination that the land described in the application is not
				  vacant.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.38 - Vacancy Application: Administrative Completeness

Current through Reg. 49, No. 28; July 12, 2024
(a) The properly filed vacancy application
				  will be deemed administratively complete when the agency determines that the
				  applicant has submitted all the necessary documents in the proper form to
				  support a claim of vacancy.
(b)
				  Within forty-five (45) days after the date that the application is deemed
				  properly filed, the agency will inform the applicant in writing of any
				  deficiencies in the application.
(c) The applicant shall have a reasonable
				  period of time to resolve the deficiencies, not to exceed thirty (30) days. If
				  the applicant fails to resolve the deficiencies in the application, the agency
				  shall reject the application without prejudice, and will so inform the
				  applicant in writing. If the application is rejected, the file will be endorsed
				  with "dismissed without prejudice," and a statement of the reason for
				  rejection.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.39 - Vacancy Application: Cost Deposit

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A cost deposit from the applicant is required for the agency to evaluate and
				  investigate the vacancy application. Any required deposit shall be used only
				  for the agency's administrative costs, the expenses of a survey (if the
				  commissioner appoints a surveyor), and other investigative and related costs,
				  including attorney ad litem fees, the cost of hearings, and recording fees. The
				  minimum initial cost deposit for a vacancy application is usually not less than
				  $3,000.00, and is significantly higher if the commissioner will appoint the
				  surveyor.
(b) From time to time,
				  the agency may require the applicant to pay a supplemental cost deposit to
				  cover anticipated expenses related to the vacancy application. The agency will
				  send a written request for a supplemental cost deposit to the
				  applicant.
(c) The applicant shall
				  submit cost deposit funds to the agency in cash (including cashier checks,
				  certified checks, money orders or electronic funds transfer). The agency will
				  inform the applicant in writing of the procedures for submitting payment. For
				  purposes of this subchapter, the deposit date shall be the date of
				  tender.
(d) The applicant must
				  submit the required cost deposits no later than the date set forth in the
				  agency's written notice that a cost deposit is due. If the applicant fails to
				  timely submit the initial deposit or within the time period set forth in the
				  notice for a supplemental cost deposit, the agency may terminate the
				  application without prejudice, and shall so notify the applicant in
				  writing.
(e) At the conclusion of
				  the vacancy proceeding, the agency will provide a written statement to the
				  applicant of all deposits and expenditures from the cost deposits paid by the
				  applicant. Such a statement may be issued to the applicant during the
				  proceeding upon written request.
(f) The unexpended balance of the cost
				  deposit will be refunded to the applicant at conclusion of the vacancy
				  process.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 13 - LAND RESOURCES › Subchapter E - VACANCIES › Section 13.40 - Processing Vacancy: Notice to Necessary Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later than thirty days following the
				  application commencement date, the agency shall send a written notice of
				  vacancy application to all necessary parties by regular mail and by certified
				  mail, return receipt requested. The notice shall include the following
				  documents:
(1) a copy of the vacancy
				  application, including the survey report, plat and field notes, if included in
				  the application;
(2) a form
				  requesting future notices from the agency concerning the vacancy application
				  described in subsection (b) of this section, which should be signed by the
				  necessary party and returned to the agency; and
(3) a summary explanation of the vacancy
				  process, including the right of a necessary party to file an exception to the
				  survey or to the application.