CHAPTER 109. TEXAS TECH UNIVERSITY SYSTEM
EDUCATION CODE
TITLE 3. HIGHER EDUCATION
SUBTITLE F. OTHER COLLEGES AND UNIVERSITIES
CHAPTER 109. TEXAS TECH UNIVERSITY SYSTEM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 109.001. TEXAS TECH UNIVERSITY SYSTEM. (a) The Texas Tech
University System hereby created is composed of all those
institutions and entities presently under the governance,
control, jurisdiction, and management of the board of regents of
Texas Tech University.
(b) The Texas Tech University System shall also be composed of
such other institutions and entities as from time to time may be
assigned by specific legislative act to the governance, control,
jurisdiction, and management of the Texas Tech University System.
(c) The governance, control, jurisdiction, organization, and
management of the Texas Tech University System is hereby vested
in the present board of regents of Texas Tech University, which
will hereinafter be known and designated as the board of regents
of the Texas Tech University System. The board by rule may
delegate a power or duty of the board to an officer, employee, or
other agent of the board.
Added by Acts 1999, 76th Leg., ch. 1583, Sec. 2, eff. Sept. 1,
1999.
Sec. 109.01. TEXAS TECH UNIVERSITY. Texas Tech University is a
coeducational institution of higher education located in the city
of Lubbock.
Acts 1971, 62nd Leg., p. 3259, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 109.21. BOARD OF REGENTS. The government, control, and
direction of the policies of the university are vested in a board
of nine regents, who shall be appointed by the governor with the
advice and consent of the senate.
Acts 1971, 62nd Leg., p. 3259, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.22. BOARD MEMBERS: TERMS, VACANCIES. Except for the
initial appointees, members hold office of terms of six years
expiring on January 31 of odd-numbered years. In making the
initial appointments, the governor shall designate three for
terms expiring in 1971, three for terms expiring in 1973, and
three for terms expiring in 1975. Any vacancy shall be filled for
the unexpired portion of the term by appointment by the governor
with the advice and consent of the senate.
Acts 1971, 62nd Leg., p. 3259, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.23. CHIEF EXECUTIVE OFFICER: SELECTION, DUTIES. The
board shall provide a chief executive officer, who shall devote
his attention to the executive management of the university and
who shall be directly accountable to the board for the conduct of
the university. The board, when required by law to be the
governing body of any other state educational institution or
facility, shall also direct the chief executive officer to be
directly responsible for the executive management of that other
institution or facility.
Acts 1971, 62nd Leg., p. 3259, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 109.41. EMINENT DOMAIN. The board of regents has the power
of eminent domain to acquire land needed to carry out the
purposes of the university.
Acts 1971, 62nd Leg., p. 3259, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.42. RESIDENCE FOR PRESIDENT. The board may purchase a
house or may purchase land and construct a house suitable for the
residence of the president of the university.
Acts 1971, 62nd Leg., p. 3259, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.43. DORMITORIES: RULES AND REGULATIONS. The board may
adopt rules and regulations it deems advisable requiring any
class or classes of students to reside in university dormitories
or other buildings.
Acts 1971, 62nd Leg., p. 3260, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.44. RESEARCH PARK. (a) The board may plan, develop,
and maintain a research park on a portion of the campus of the
university. For this purpose, the board may select and set aside
on the campus a tract of land of approximately 150 acres.
(b) The board may subdivide the tract into lots and lease the
lots to persons, firms, foundations, associations, corporations,
and government agencies for the purpose of conducting research.
Each lessee may construct buildings and facilities appropriate
for research, subject to rules of the board.
(c) The board may execute any lease deemed favorable to the
university, and the board shall establish standards of admission
for tenant organizations, rental rates, and architectural and
landscaping standards.
(d) Money received from the rental of sites in the research park
shall be used to offset the expenses involved in developing the
sites and providing utilities and services. Any excess of
receipts over expenses shall be applied toward research
activities undertaken in behalf of the university. The support
and maintenance of the park shall never become a charge against
or obligation of the State of Texas.
(e) The research park shall be used for research only, and the
board shall prohibit manufacturing, social, political, religious,
fraternal, and other uses.
Acts 1971, 62nd Leg., p. 3260, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.45. CITY MUSEUM. (a) The board may rent, lease, or
convey, for a sum of money to be determined by the board, a part
of the campus, not to exceed four acres, to the city of Lubbock
for the sole purpose of building, with bonds or current city
taxes, and maintaining with city tax money, a history, science,
and art museum.
(b) The board may rent or lease a building or any part of a
building on the parcel of land to the city of Lubbock for the
sole purpose of maintaining a history and art museum for a sum of
money to be determined by the board.
(c) The board may dedicate for public use a street or streets
leading to and connecting the parcel of land and building and to
provide ingress and egress to and from a public highway and to
and from adjacent parking lots.
(d) The board, at its discretion, may contract with the city of
Lubbock for the staffing, operation, and maintenance of a history
and art museum with funds provided by the city of Lubbock.
(e) The board may enter into contracts and agreements which are
necessary and proper for carrying out the provisions of this
section, provided that no expenditure of money by the board shall
be made except as may be appropriated by the legislature.
Acts 1971, 62nd Leg., p. 3260, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.46. LEASE OF LAND FOR ARMORY. (a) The board may lease
to a suitable agency of the United States a portion of the
campus, not to exceed five and one-half acres, for a period not
to exceed 99 years, to be used as a site for the erection and
maintenance of an armory building or other suitable building or
buildings for the instruction of students in military and naval
sciences and other subjects.
(b) The board may enter into lease contracts and other contracts
and agreements which are necessary and proper in carrying out the
provisions of this section.
Acts 1971, 62nd Leg., p. 3260, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.47. LEASE OF LAND FOR NATIONAL GUARD ARMORY. (a) The
board may select and lease a portion of the campus to the Texas
National Guard for the purpose of erecting an armory and other
buildings suitable for use by the Texas National Guard. The
board may enter into a lease contract with the adjutant general
on terms which are suitable and satisfactory to the board for a
term of not more than 99 years.
(b) The board may select and set aside a tract of campus land,
not in excess of 10 acres, to be used by the Texas National Guard
as a drill ground.
(c) The board may permit the adjutant general and the Texas
National Guard and any of its subdivisions ingress upon and
egress from the campus for the purpose of going to and from the
armory and other buildings and the drill ground.
Acts 1971, 62nd Leg., p. 3261, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1997, 75th Leg., ch. 1168, Sec. 3,
eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1335, Sec. 10, eff. September 1, 2007.
Sec. 109.48. UTILITIES EASEMENTS. On terms, conditions,
stipulations, and compensation as determined by the board, the
board may convey, dedicate, or use any other appropriate method
of conveyance to grant, convey, or dedicate rights, title,
rights-of-way, or easements involving or in connection with the
furnishing or providing of electricity, water, sewage disposal,
natural gas, telephone, telegraph, or other utility service on,
over, or through the campus of Texas Tech University in Lubbock
County. The chairman of the board may execute and deliver
conveyances or dedications on behalf of Texas Tech University.
Added by Acts 1975, 64th Leg., p. 362, ch. 155, Sec. 1, eff. May
8, 1975.
Sec. 109.49. SALE OF CROPS. Proceeds from the sale, barter, or
exchange of crops resulting from any agricultural activities at
the institution shall be applied to defray the expenses of
conducting the agricultural activities.
Added by Acts 1975, 64th Leg., p. 362, ch. 154, Sec. 1, eff. May
8, 1975.
Sec. 109.52. DONATIONS, GIFTS, GRANTS, AND ENDOWMENTS. The
board may accept donations, gifts, grants, and endowments for
Texas Tech University to be held in trust and administered by the
board.
Added by Acts 1983, 68th Leg., p. 720, ch. 166, Sec. 2, eff. May
20, 1983.
Sec. 109.53. [RESERVED].
Sec. 109.54. MANAGEMENT OF LANDS. The board has the sole and
exclusive management and control of lands set aside and
appropriated to or acquired by the institutions under its
governance. The board may lease, sell, exchange, acquire, dispose
of, and otherwise manage, control, and use the lands in any
manner and at prices and under terms and conditions the board
deems best for the interest of the institutions. However, the
board may not sell any of the original main campus located in
Lubbock, Lubbock County, unless the sale is approved by act of
the legislature. No grazing lease shall be made for a period of
more than five years.
Added by Acts 1975, 64th Leg., p. 1248, ch. 471, Sec. 1, eff.
Sept. 1, 1975. Amended by Acts 1983, 68th Leg., p. 719, ch. 166,
Sec. 1, eff. May 20, 1983. Renumbered from Education Code Sec.
109.48 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(22), eff.
Sept. 1, 1987.
Sec. 109.55. [RESERVED].
SUBCHAPTER D. MINERAL DEVELOPMENT IN UNIVERSITY LAND
Sec. 109.61. MINERAL LEASES; DISPOSITION OF PROCEEDS. (a) The
board may lease for oil, gas, sulphur, or other mineral
development to the highest bidder at public auction all or part
of the lands under the exclusive control of the board owned by
the State of Texas and acquired for the use of Texas Tech
University and its divisions.
(b) Any money received by virtue of this section shall be
deposited in the state treasury to the credit of a special fund
to be known as the Texas Tech University special mineral fund, to
be used exclusively for the university and its branches and
divisions. However, no money shall ever be expended from this
fund except as authorized by the general appropriations act.
Acts 1971, 62nd Leg., p. 3261, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.62. MAJORITY OF BOARD TO ACT. A majority of the board
has power to act in all cases under this subchapter except as
otherwise provided in this subchapter.
Acts 1971, 62nd Leg., p. 3261, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.63. SUBDIVISION OF LAND; TITLES. (a) The board may
have the lands surveyed or subdivided into tracts, lots, or
blocks which, in their judgment, will be most conducive and
convenient to an advantageous sale or lease of oil, gas, sulphur,
or other minerals in the lands; and the board may make maps and
plats which it deems necessary to carry out the purposes of this
subchapter.
(b) The board may obtain authentic abstracts of title to the
lands from time to time as it deems necessary and may take
necessary steps to perfect a merchantable title to the lands.
Acts 1971, 62nd Leg., p. 3261, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.64. SALE OF LEASES; ADVERTISEMENTS; PAYMENTS. (a)
Whenever in the opinion of the board there is a demand for the
purchase of oil, gas, sulphur, or other mineral leases on any
tract or part of any tract of land which will reasonably insure
an advantageous sale, the board shall place the oil, gas,
sulphur, or other mineral leases on the land on the market in a
tract or tracts, or any part of a tract, which the board may
designate.
(b) The board shall have advertised a brief description of the
land from which the oil, gas, sulphur, or other minerals is
proposed to be leased. The advertisement shall be made by
inserting in two or more papers of general circulation in this
state, and in addition, the board may, in its discretion, cause
the advertisement to be placed in an oil and gas journal
published in and out of the state. The board may also mail copies
of the proposals to the county judge of the county where the
lands are located and to other persons the board believes would
be interested.
(c) The board may sell the lease or leases to the highest bidder
at public auction at the university in Lubbock at any hour
between 10 a. m. and 5 p. m.
(d) The highest bidder shall pay to the board on the day of the
sale 25 percent of the bonus bid, and the balance of the bid
shall be paid within 24 hours after the bidder is notified that
the bid has been accepted. Payments shall be made in cash,
certified check, or cashier's check, as the board directs. The
failure of the bidder to pay the balance of the amount bid will
forfeit to the board the 25 percent paid.
Acts 1971, 62nd Leg., p. 3262, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.65. SEPARATE BIDS; MINIMUM ROYALTY; DELAY RENTAL. (a)
A separate bid shall be made for each tract or subdivision of a
tract.
(b) No bid shall be accepted which offers a royalty of less than
one-eighth of the gross production of oil, gas, sulphur, and
other minerals in the land bid upon, and this minimum royalty may
be increased at the discretion of the board.
(c) Every bid shall carry the obligation to pay an amount not
less than $1 per acre for delay in drilling or development. The
amount shall be fixed by the board in advance of the
advertisement. The amount fixed shall be paid every year for five
years unless in the meantime production in paying quantities is
had upon the land or the land is released by the lessee.
Acts 1971, 62nd Leg., p. 3262, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.66. REJECTION OF BIDS; WITHDRAWAL OF LAND. The board
may reject any and all bids and may withdraw any land advertised
for lease.
Acts 1971, 62nd Leg., p. 3262, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.67. ACCEPTANCE; CONDITIONS AND PROVISIONS OF LEASE.
(a) If, in the opinion of the board, any one of the bidders has
offered a reasonable and proper price for any tract, which is not
less than the price set by the board, the lands advertised may be
leased for oil, gas, sulphur, and other mineral purposes under
the terms of this section and subject to regulations prescribed
by the board which are not inconsistent with the provisions of
this section. In the event no bid is accepted by the board at
public auction, any subsequent procedure for the sale of the
leases shall be in the manner prescribed in the preceding
sections.
(b) No lease shall be made by the board which will permit the
drilling or mining for oil, gas, sulphur, or other minerals
within 300 feet of any building on the land without the consent
of the board. In making any lease on any experimental station or
farm, the lease shall provide that the operations for oil, gas,
and other minerals shall not in any way interfere with use of the
land for university purposes and shall not cause the abandonment
of the property or its use for experimental farm purposes. The
lease shall also provide that the lessee operating the property
shall drill and carry on his operations in such a way as not to
cause the abandonment of the property for university purposes,
and the leased property shall be subject to the use by the state
for all university purposes, and the board shall continue to
operate the university.
Acts 1971, 62nd Leg., p. 3262, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.68. ACCEPTANCE AND FILING OF BIDS; YEARLY PAYMENTS;
TERMINATION OF LEASE. (a) If the board determines that a
satisfactory bid has been received for the oil, gas, sulphur, or
other mineral lands, it shall accept the bid and reject all
others and shall file the accepted bid in the general land
office.
(b) Whenever the royalties shall amount to as much as the yearly
payments fixed by the board, the yearly payments may be
discontinued.
(c) If before the expiration of five years oil, gas, sulphur, or
other minerals have not been produced in paying quantities, the
lease shall terminate unless extended as provided in Sections
109.70 and 109.71 of this code.
Acts 1971, 62nd Leg., p. 3263, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.69. AWARD AND FILING OF LEASE. If the board determines
that a satisfactory bid has been received for the oil, gas,
sulphur, or other minerals, it shall make an award to the bidder
offering the highest price, and a lease shall be filed in the
general land office.
Acts 1971, 62nd Leg., p. 3263, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.70. EXPLORATORY TERM OF LEASE; EXTENSION; OTHER
PROVISIONS. (a) The exploratory term of a lease as determined
by the board prior to the promulgation of the advertisement shall
not exceed five years, and each lease shall provide that the
lease will terminate at the expiration of its exploratory term
unless by unanimous vote of the board the lease is extended for a
period of three years.
(b) The lease may be extended if the board finds that there is a
likelihood of oil, gas, sulphur, or other minerals being
discovered by the lessees, and that the lessees have proceeded
with diligence to protect the interest of the state. If oil, gas,
sulphur, or other minerals are being produced in paying
quantities from the premises, the lease shall continue in force
and effect as long as the oil, gas, sulphur, or other minerals
are being so produced. No extension may be made by the board
until the last 30 days of the original term of the lease.
(c) The lease shall include additional provisions and
regulations prescribed by the board to preserve the interest of
the state, not inconsistent with the provisions of this
subchapter.
Acts 1971, 62nd Leg., p. 3263, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.71. EXTENSION OF LEASES. When in the discretion of the
board it is deemed for the best interest of the state to extend a
lease issued by the board, the board may by unanimous vote extend
the lease for a period not to exceed three years, on the
condition that the lessee shall continue to pay yearly rental as
provided in the lease and shall comply with any additional terms
which the board may see fit and proper to demand. The board may
extend the lease and execute an extension agreement.
Acts 1971, 62nd Leg., p. 3264, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.72. CONTROL OF DRILLING AND PRODUCTION. The drilling
for and the production of oil, gas, and other minerals from the
lands shall be governed and controlled by the Railroad Commission
of Texas and other regulatory bodies which govern and control
other fields in this state.
Acts 1971, 62nd Leg., p. 3264, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.73. DRILLING OPERATIONS: SUSPENSION OF RENT;
CONTINUANCE OF LEASE; DUTY TO PREVENT DRAINAGE. (a) If during
the term of a lease issued under the provisions of this
subchapter the lessee is engaged in actual drilling operations
for the discovery of oil, gas, sulphur, or other minerals, no
rentals shall be payable as to the tract on which the operations
are being conducted as long as the operations are proceeding in
good faith.
(b) In the event oil, gas, sulphur, or other minerals are
discovered in paying quantities on any tract of land covered by a
lease, then the lease as to that tract shall remain in force as
long as oil, gas, sulphur, or other minerals are produced in
paying quantities from the tract.
(c) In the event of the discovery of oil, gas, sulphur, or other
minerals on any tract covered by a lease or on any land adjoining
the tract, the lessee shall conduct such operations as may be
necessary to prevent drainage from the tract covered by the lease
to properly develop the same to the extent that a reasonably
prudent man would do under the same and similar circumstances.
Acts 1971, 62nd Leg., p. 3264, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.74. TITLE TO RIGHTS PURCHASED; ASSIGNMENT;
RELINQUISHMENT. (a) Title to all rights purchased may be held
by the owners as long as the area produces oil, gas, sulphur, or
other minerals in paying quantities.
(b) All rights purchased may be assigned. All assignments shall
be filed in the general land office as prescribed by rule,
accompanied by 10 cents per acre for each acre assigned and the
filing fee as prescribed by rule. An assignment shall not be
effective unless filed as required by rule.
(c) All rights to all or any part of a leased tract may be
released to the state at any time by recording a release
instrument in the county or counties in which the tract is
located. Releases shall also be filed with the chairman of the
board and the general land office, accompanied by the filing fee
prescribed by rule. A release shall not relieve the owner of any
obligations or liabilities incurred prior to the release.
(d) The board shall authorize the laying of pipeline and
telephone line and the opening of roads deemed reasonably
necessary in carrying out the purposes of this subchapter.
Acts 1971, 62nd Leg., p. 3264, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1987, 70th Leg., ch. 948, Sec. 37,
eff. Sept. 1, 1987.
Sec. 109.75. PAYMENT OF ROYALTIES; RECORDS; REPORT OF RECEIPTS.
(a) If oil or other minerals are developed on any of the lands
leased by the board, the royalty as stipulated in the sale shall
be paid to the general land office in Austin on or before the
last day of each month for the preceding month during the life of
the rights purchased. The royalty payments shall be set aside in
the state treasury as specified in Section 109.61 of this code
and used as provided in that section.
(b) The royalty paid to the general land office shall be
accompanied by the sworn statement of the owner, manager, or
other authorized agent showing the gross amount of oil, gas,
sulphur, or other minerals produced and sold off the premises and
the market value of the minerals, together with a copy of all
daily gauges, or vats, tanks, gas meter readings, pipeline
receipts, gas line receipts, and other checks and memoranda of
the amounts produced and put into pipelines, vats, tanks, or pool
and gas lines or gas storage. The books and accounts, receipts
and discharges of all wells, tanks, vats, pools, meters, and
pipelines, and all contracts and other records pertaining to the
production, transportation, sale, and marketing of the oil, gas,
sulphur, or other minerals shall at all times be subject to
inspection and examination by any member of the board or any duly
authorized representative of the board.
(c) The commissioner of the general land office shall tender to
the board on or before the 10th day of each month a report of all
receipts from the lease or sale of oil, gas, sulphur, or other
minerals turned into the special fund in the state treasury
during the preceding month.
Acts 1971, 62nd Leg., p. 3265, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.76. PROTECTION FROM DRAINAGE; FORFEITURE OF RIGHTS.
(a) In every case where the area in which oil, gas, sulphur, or
other minerals sold is contiguous or adjacent to lands which are
not lands belonging to and held by the university, the acceptance
of the bid and the sale made thereby shall constitute an
obligation of the owner to adequately protect the land leased
from drainage from the adjacent lands to the extent that a
reasonably prudent operator would do under the same and similar
circumstances.
(b) In cases where the area in which the oil, gas, sulphur, or
other minerals sold is contiguous to other lands belonging to and
held by the university which have been leased or sold at a lesser
royalty, the owner shall protect the land from drainage from the
lands leased or sold for a lesser royalty.
(c) On failure to protect the land from drainage as provided in
this section, the sale and all rights acquired may be forfeited
by the board in the manner provided in Section 109.77 of this
code for forfeitures.
Acts 1971, 62nd Leg., p. 3265, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.77. FORFEITURE AND OTHER REMEDIES; LIENS. (a) Leases
granted under the provisions of this chapter are subject to
forfeiture by the board by an order entered in the minutes of the
board reciting the acts or omissions constituting a default and
declaring a forfeiture.
(b) Any of the following acts or omissions constitutes a
default:
(1) the failure or refusal by the owner of the rights acquired
under this chapter to make a payment of a sum due, either as
rental or royalty on production, within 30 days after the payment
becomes due;
(2) the making of a false return or false report concerning
production, royalty, drilling, or mining by the owner or his
authorized agent;
(3) the failure or refusal of the owner or his agent to drill an
offset well or wells in good faith, as required by the lease;
(4) the refusal of the owner or his agent to allow the proper
authorities access to the records and other data pertaining to
the operations authorized in this subchapter;
(5) the failure or refusal of the owner or his authorized agent
to give correct information to the proper authorities, or to
furnish the log of any well within 30 days after production is
found in paying quantities; or
(6) the violation by the owner of any material term of the
lease.
(c) The board may, if it so desires, have suit for forfeiture
instituted through the attorney general.
(d) On proper showing by the forfeiting owner within 30 days
after the declaration of forfeiture, the lease may be reinstated
at the discretion of the board and upon terms prescribed by the
board.
(e) In case of violation by the owner of the lease contract, the
remedy of forfeiture shall not be the exclusive remedy, and the
state may institute suit for damages or specific performance or
both.
(f) The state shall have a first lien on oil, gas, sulphur, or
other minerals produced in the leased area, and on all rigs,
tanks, vats, pipelines, telephone lines, and machinery and
appliances used in the production and handling of oil, gas,
sulphur, or other minerals produced, to secure the amount due
from the owner of the lease.
Acts 1971, 62nd Leg., p. 3265, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.78. FILING OF DOCUMENTS AND PAYMENT OF ROYALTIES, FEES,
AND RENTALS. (a) All surveys, files, copies of sale and lease
contracts, and other records pertaining to the sales and leases
authorized in this subchapter shall be filed in the general land
office and shall constitute archives.
(b) Payment of all royalties, lease fees, rentals for delay in
drilling or mining, filing fees for assignments and
relinquishments, and all other payments shall be made to the
commissioner of the general land office at Austin. The
commissioner shall transmit all payments received to the
comptroller for deposit to the credit of the Texas Tech
University special mineral fund.
Acts 1971, 62nd Leg., p. 3266, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1997, 75th Leg., ch. 1423, Sec.
5.26, eff. Sept. 1, 1997.
Sec. 109.79. FORMS, REGULATIONS, RULES, AND CONTRACTS. The
board shall adopt proper forms, regulations, rules, and contracts
which, in its judgment, will protect the income from lands leased
pursuant to this subchapter.
Acts 1971, 62nd Leg., p. 3266, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 109.80. MANAGEMENT OF SURFACE AND MINERAL ESTATES. (a)
The board may lease for oil, gas, sulphur, ore, water, and other
mineral development all land under its exclusive control for the
use of the university. The board may make and enter into pooling
agreements, division orders, or other contracts necessary in the
management and development of its land.
(b) All leases, pooling agreements, division orders, or other
contracts entered into by the board shall be on terms that the
board considers in the best interest of the university. The board
may not sell a lease for less than the royalty and rental terms
demanded at that time by the General Land Office in connection
with the sale of oil, gas, and other mineral leases of the public
lands of this state.
(c) All money received under the leases and contracts executed
for the management and development of the land, except revenue
pledged to the payment of revenue bonds or notes, shall be
deposited to the credit of a special fund created by the board.
The board shall designate a depository for the special fund and
protect the money deposited in it by the pledging of assets of
the depository in the same manner as is required for the
protection of public funds. Money deposited in the special fund
may be used by the board for the administration of the
university, for payment of principal of and interest on revenue
bonds or notes issued by the board, and for any other purpose
that in the judgment of the board may be for the good of the
university.
Added by Acts 1983, 68th Leg., p. 720, ch. 166, Sec. 3, eff. May
20, 1983.