CHAPTER 11. PROVISIONS GENERALLY APPLICABLE TO THE PUBLIC DOMAIN

Statutes > Texas Statutes > NATURAL RESOURCES CODE > TITLE 2. PUBLIC DOMAIN > CHAPTER 11. PROVISIONS GENERALLY APPLICABLE TO THE PUBLIC DOMAIN

NATURAL RESOURCES CODE

TITLE 2. PUBLIC DOMAIN

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 11. PROVISIONS GENERALLY APPLICABLE TO THE PUBLIC DOMAIN

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 11.001. DEFINITIONS. In this chapter:

(1) "State" means the State of Texas.

(2) "Land office" means the General Land Office.

(3) "Commissioner" means the Commissioner of the General Land

Office.

Acts 1977, 65th Leg., p. 2349, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

SUBCHAPTER B. TERRITORY AND BOUNDARIES OF THE STATE

Sec. 11.011. VACANT AND UNAPPROPRIATED LAND. So that the law

relating to the public domain may be brought together, the

following extract is taken from the joint resolutions of the

Congress of the United States relating to the annexation of Texas

to the United States, which was approved June 23, 1845: "Said

State, when admitted into the Union, . . . shall also retain all

the vacant and unappropriated lands lying within its limits, to

be applied to the payment of debts and liabilities of said

Republic of Texas, and the residue of said lands, after

discharging said debts and liabilities, to be disposed of as said

State may direct. . . ."

Acts 1977, 65th Leg., p. 2349, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 11.0111. LOCATION OF COASTAL BOUNDARIES. (a) The

commissioner shall:

(1) have the area between the coastline of the Gulf of Mexico

and the Three Marine League line compiled and platted; and

(2) locate and set the boundary lines between the coastal

counties from the coastline to the Three Marine League line.

(b) The commissioner shall locate and set the boundary lines

between the counties from the coastline to the Three Marine

League line in accordance with established engineering practice.

counties from the coastline to the continental shelf shall be

filed and recorded in the office of the county clerk of the

affected county.

Added by Acts 2003, 78th Leg., ch. 1091, Sec. 30, eff. June 20,

2003.

Sec. 11.012. GULFWARD BOUNDARY OF TEXAS. (a) The gulfward

boundary of the State of Texas is the boundary determined in and

pursuant to the decision of the United States Supreme Court in

Texas v. Louisiana, 426 U.S. 465 (1976).

(b) The State of Texas has full sovereignty over the water, the

beds and shores, and the arms of the Gulf of Mexico within its

boundaries as provided in Subsection (a) of this section, subject

only to the right of the United States to regulate foreign and

interstate commerce under Article I, Section 8 of the United

States Constitution, and the power of the United States over

admiralty and maritime jurisdiction under Article III, Section 2

of the United States Constitution.

the Gulf of Mexico and the arms of the Gulf of Mexico within the

boundaries provided in this section, including all land which is

covered by the Gulf of Mexico and the arms of the Gulf of Mexico

either at low tide or high tide.

(d) None of the provisions of this section may be construed to

relinquish any dominion, sovereignty, territory, property, or

rights of the State of Texas previously held by the state.

Acts 1977, 65th Leg., p. 2349, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 11.013. GULFWARD BOUNDARIES OF COUNTIES, CITIES, TOWNS, OR

VILLAGES. (a) The gulfward boundary of each county located on

the coastline of the Gulf of Mexico is the Three Marine League

line as determined by the United States Supreme Court.

(b) The area in the extended boundaries of the counties as

provided in this section becomes a part of the public free school

land and is subject to the constitutional and statutory

provisions of this state pertaining to the use, distribution,

sale, and lease of public free school land in this state.

created and operating under the general laws of the State of

Texas shall not be established or extended by incorporation or

annexation more than 5,280 feet gulfward beyond the coastline.

The governing body of such a city, town, or village may, by

ordinance, extend the municipal boundaries up to 5,280 feet

gulfward. Any inclusion of territory in any such city, town, or

village more than 5,280 feet gulfward beyond the coastline is

void. The term "coastline" as used in this subsection means the

line of mean low tide along that portion of the coast which is in

direct contact with the open Gulf of Mexico. The term "city,

town, or village created and operating under the general laws of

the State of Texas" shall not include any city operating under a

home-rule charter.

If any such general-law city, town, or village has heretofore

been established by incorporation or attempted incorporation more

than 5,280 feet gulfward beyond the coastline, the corporate

existence of such general-law city, town, or village is in all

things validated, ratified, approved, and confirmed.

The boundaries of such general-law city, town, or village,

including the gulfward boundaries to the extent of 5,280 feet

gulfward beyond the coastline, are in all things validated,

ratified, approved, and confirmed and shall not be held invalid

by reason of the inclusion of more territory than is expressly

authorized in Article 971, Revised Civil Statutes of Texas, 1925,

as amended, or by reason of the inclusion of territory other than

that which is intended to be used for strictly town or city

purposes as required by Section 7.002, Local Government Code or

by reason of not constituting a city, town, or village.

Neither this Act nor the general laws nor the special laws of the

state shall have the effect of validating, ratifying, approving,

or confirming the inclusion of territory in any such general-law

city, town, or village more than 5,280 feet gulfward beyond the

coastline.

If for any reason it should be determined by any court of

competent jurisdiction that any such general-law city, town, or

village has heretofore been incorporated in violation of the laws

of the state in effect as of the date of such incorporation or is

invalid, the corporate boundaries of any such general-law city,

town, or village shall be revised and reformed to exclude all

territory more than 5,280 feet gulfward of the coastline.

Acts 1977, 65th Leg., p. 2349, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 2165, ch. 828,

Sec. 1, eff. June 14, 1979; Acts 1987, 70th Leg., ch. 149, Sec.

24, eff. Sept. 1, 1987.

Sec. 11.0131. JURISDICTION OF HOME-RULE CITIES OVER SUBMERGED

LANDS. (a) In this section:

(1) "Coastline" has the meaning assigned by Section 11.013(c) of

this code.

(2) "State-owned submerged lands" means the state-owned

submerged lands described by Section 11.012 of this code.

(b) The boundary of a home-rule city may not extend into the

gulf outside of an area that is enclosed by:

(1) for home-rule cities which have not prior to May 1, 1983,

annexed gulfward from the coastline:

(A) drawing a straight line connecting the two most remote

points on the part of the coastline located in the city on June

1, 1983, the distance to be measured along the coastline;

(B) drawing straight lines that extend gulfward for one marine

league from each of the two ends of the line drawn under

Paragraph (A) of Subdivision (1) of this subsection and that are

perpendicular to the line drawn under Paragraph (A); and

the lines drawn under Paragraph (B) of Subdivision (1) of this

subsection; or

(2) for home-rule cities which have, prior to May 1, 1983,

annexed no farther than one marine league gulfward from the

coastline:

(A) drawing a straight line that connects the two most remote

points on the part of the coastline located in the city on June

1, 1983, and that extends through those two points as far as

necessary to draw the lines described by Paragraph (B) of

Subdivision (2) of this subsection;

(B) drawing two straight lines that extend gulfward for one

marine league, that are perpendicular to the line drawn under

Paragraph (A) of Subdivision (2) of this subsection, and that

each extend through one of the two most remote points from the

coastline on the boundary lines extending gulfward from the

coastline;

the lines drawn under Paragraph (B) of Subdivision (2) of this

subsection; or

(3) for home-rule cities which have, prior to May 1, 1983,

annexed farther than one marine league gulfward from the

coastline:

(A) drawing lines following the two current boundary lines

extending gulfward from the coastline for a distance of one

marine league;

(B) drawing a straight line connecting the two gulfward ends of

the lines drawn under Paragraph (A) of Subdivision (3) of this

subsection.

to pledge, directly or indirectly, taxes or other revenue from or

attributable to state-owned submerged lands or other lands

located outside the area described by Subsection (b) of this

section does not create an enforceable right to prevent the

reformation of the city's boundary under Subsection (d) of this

section.

(d) The boundary of a home-rule city is void to the extent that

it violates Subsection (b) of this section, and the boundary is

reformed on the effective date of this Act to exclude the

territory situated outside the area described by Subsection (b)

of this section.

(e) A home-rule city may create industrial districts in the area

that is outside the city limits and that is located in an area

formed in the manner prescribed by Subsection (b) of this section

except that the lines drawn under Paragraph (B) of Subdivision

(1), Paragraph (B) of Subdivision (2) or Paragraph (A) of

Subdivision (3) of Subsection (b) may be extended for no more

than five statute miles instead of one marine league. The

governing body of such city shall have the right, power, and

authority to designate the area described as an industrial

district, as the term is customarily used, and to treat such area

from time to time as such governing body may deem to be in the

best interest of the city. Included in such rights and powers of

the governing body of any city is the right and power to enter

into contracts or agreements with the owner(s) or lessee(s) of

land in such industrial district upon such terms and

considerations as the parties might deem appropriate. The city

shall have no authority to regulate oil and gas exploration,

production, and transportation operations in an industrial

district established pursuant to this Act, but in consideration

of such relinquishment and the relinquishment of other rights

under Section 42.044, Local Government Code, the city is

expressly authorized to require payments of a property owner or

lessee(s) in such industrial district in an amount not to exceed

35 percent of the revenue that would be produced if the city

imposed a property tax in the industrial district. Nothing herein

shall prohibit a city and property owner or lessee(s) from

agreement by contract for payments in a lesser amount.

Added by Acts 1981, 67th Leg., p. 3057, ch. 803, Sec. 1, eff.

Aug. 31, 1981. Amended by Acts 1983, 68th Leg., p. 3134, ch. 538,

Sec. 1, eff. June 19, 1983; Acts 1987, 70th Leg., ch. 149, Sec.

38, eff. Sept. 1, 1987.

Sec. 11.014. LAND ACQUIRED FROM OKLAHOMA. (a) Land acquired by

the state in Oklahoma v. Texas, 272 U.S. 21 (1926) and subsequent

orders of the United States Supreme Court relating to that case,

is incorporated into the counties which are adjacent to the land,

and the north and south lines of the adjacent counties, Lipscomb,

Hemphill, Wheeler, Collingsworth, and Childress, are extended

east to the 100th degree of west longitude as it is fixed in the

final judgment.

(b) The land acquired from Oklahoma shall become a part of the

respective counties as though it were originally included in each

county for governmental purposes and shall be assessed for taxes

and have taxes collected under the provisions of existing law.

Acts 1977, 65th Leg., p. 2350, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 11.015. EXTENSION OF TEXAS-NEW MEXICO BOUNDARY. (a) The

boundary lines of all counties in the Texas Panhandle that border

on the New Mexico boundary line are extended by extending the

north and south lines of certain counties west to the Texas-New

Mexico line, which was established by the survey of John H. Clark

in 1859 and later retraced to completion on September 26, 1911,

by the Boundary Commission composed of Francis M. Cockrell and

Sam R. Scott, under authority of S.J.R. No. 124, of the 61st

Congress, Third Session.

(b) The boundary line is referred to as the 103rd Meridian and

is described as follows:

Beginning at the point where the one hundred and third degree of

longitude west from Greenwich intersects the parallel of

thirty-six degrees and thirty Minutes North latitude, as

determined and fixed by John H. Clark, the Commissioner on the

part of the United States in the years eighteen hundred and

fifty-nine and eighteen hundred and sixty; thence South with the

line run by said Clark for the said one hundred and third degree

of longitude to the Thirty-second parallel of North latitude to

the point marked by said Clark as the Southeast corner of New

Mexico; and thence West with the thirty-second degree of North

latitude as determined by said Clark to the Rio Grande.

each of the counties in New Mexico in which the land is located

and other instruments of title are admissible as evidence in

suits filed in this state to the same extent as the original

deeds or certified copies of them.

(d) The county clerk of each of the counties in Texas in which

the land is now located may file the certified copies of deeds

and other instruments affecting title in the same manner as the

original deeds could have been filed.

Acts 1977, 65th Leg., p. 2350, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 11.016. LAND ACQUIRED FROM MEXICO IN 1933. (a) The State

of Texas recognizes the provisions of 54 Stat. 21 (1940) and

accepts as part of its territory and assumes civil and criminal

jurisdiction over all of certain parcels or tracts of land lying

adjacent to the territory of the State of Texas which were

acquired by the United States under a convention between the

United States of America and the United Mexican States signed

February 1, 1933.

(b) The parcels and tracts of land acquired by the state

constitute a part of the respective counties within whose

boundaries they are located by extending the county boundaries to

the Rio Grande and are subject to the civil and criminal

jurisdiction of these counties.

separate counties, shall be surveyed by the county surveyors of

both counties, who shall determine the portion of the land

located in their respective counties and shall file the field

notes of the land in their offices together with a map of the

parcels or tracts in the map records of the county.

(d) For the purpose of determining the boundaries, the boundary

lines of the parcels and tracts established by the American

Section of the International Boundary Commission, United States

and Mexico, shall be accepted as the true boundaries.

(e) Any parcels or tracts of land that are adjacent to or

contiguous to a water improvement district or a conservation and

reclamation district may be included within the district by a

written contract entered into between the owner of the land and

the board of directors of the district. The contract shall

specifically describe the land to be included in the district,

the character of water service to be furnished to the land, and

the terms and conditions on which the land is to be included in

the district and shall be acknowledged in the manner required for

the acknowledgment of deeds and recorded in the deed records of

the county in which the land is located.

(f) None of the provisions of this section may be construed to

affect the ownership of the land.

Acts 1977, 65th Leg., p. 2350, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 11.017. CHAMIZAL AREA. (a) The State of Texas accepts as

part of its territory and assumes civil and criminal jurisdiction

over the tract of land lying adjacent to the State of Texas which

was acquired by the United States of America from the United

Mexican States under the Convention for the Solution of the

Problem of the Chamizal, signed August 29, 1963, and ceded to

Texas by Act of Congress.

(b) The territory shall be a part of El Paso County.

of the land.

Acts 1977, 65th Leg., p. 2351, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 11.018. CESSION OF CERTAIN EL PASO LAND. (a) To

facilitate the project for rectification of the Rio Grande in the

El Paso-Juarez Valley under the convention between the United

States of America and the United Mexican States signed February

1, 1933, without cost to the state, all right, title, and

interest of the State of Texas in and to the bed and banks of the

Rio Grande in El Paso County and Hudspeth County which may be

necessary or expedient in the construction of the project is

ceded to the United States of America.

(b) This cession is made on the express condition that the State

of Texas retain concurrent jurisdiction with the United States of

America over every portion of land ceded which remains within the

territorial limits of the United States after the project is

completed so that process may be executed in the same manner and

with the same effect as before the cession took place.

cession or relinquishment of any rights which the State of Texas,

its citizens, or any property owners have in the water of the Rio

Grande, its use, or access to it.

Acts 1977, 65th Leg., p. 2351, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

SUBCHAPTER C. SPECIAL FUNDS

Sec. 11.041. PERMANENT SCHOOL FUND. (a) In addition to land

and minerals granted to the permanent school fund under the

constitution and other laws of this state, the permanent school

fund shall include:

(1) the mineral estate in river beds and channels;

(2) the mineral estate in areas within tidewater limits,

including islands, lakes, bays, and the bed of the sea which

belong to the state; and

(3) the arms and the beds and shores of the Gulf of Mexico

within the boundary of Texas.

(b) The land and minerals dedicated to the permanent school fund

shall be managed as provided by law.

Acts 1977, 65th Leg., p. 2352, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 11.042. ASYLUM FUND. The 400,000 acres of land set apart

for the various asylums in equal portions of 100,000 acres for

each by act of the legislature, approved August 30, 1856, is

recognized and set apart to provide a permanent fund for the

support, maintenance, and improvement of the asylums.

Acts 1977, 65th Leg., p. 2352, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 11.043. UNIVERSITY FUND. After payment of the amount due

to the permanent school fund for proceeds from the sale of the

portion of the public land set aside for payment of the public

debt by act of the legislature in 1879 and payment directed to be

made to the permanent school and university funds by act of the

legislature in 1883, the remainder of the land not to exceed two

million acres or the proceeds from their sale shall be divided in

half and one of the halves shall constitute a permanent endowment

fund for The University of Texas System.

Acts 1977, 65th Leg., p. 2352, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

SUBCHAPTER D. REGULATION OF THE PUBLIC DOMAIN

Sec. 11.071. RECOVERY OF VALUE OF MINERALS AND TIMBER. (a) At

least semiannually, the commissioner and the county attorney of

each county shall report to the attorney general the name and

address of each person who has taken any minerals or other

property of value from public land or who has cut, used,

destroyed, sold, or otherwise appropriated any timber from public

land and shall report any other data within their knowledge. The

county attorneys also shall assist the attorney general relating

to these matters in any manner he requests.

(b) The attorney general shall file suit in any county in which

all or part of the injury occurred or in the county in which the

defendant resides to recover the value of the property, or with

the consent of the governor, the attorney general may compromise

and settle any of these liabilities with or without suit.

received by him to the permanent funds to which they belong.

(d) From amounts recovered by suit, the attorney general shall

receive a fee of 10 percent and the county attorney shall receive

a fee of five percent, and from amounts recovered by compromise,

the attorney general and county attorney shall each receive

one-half of the fees to be taxed against the defendant as costs.

No county attorney may receive compensation from cases not

reported by him to the attorney general.

(e) Except as otherwise provided by law, no person may use for

his benefit or cut or remove any mineral, plant, or anything of

value located on land belonging to the permanent school fund

without proper authority from the commissioner.

(f) In addition to any other penalties provided by law, a person

violating the provisions of Subsection (e) of this section shall

be liable for a civil penalty of not more than $10,000 for each

thing of value cut, used, or removed. All civil penalties

collected under this subsection shall be credited to the

permanent school fund.

Acts 1977, 65th Leg., p. 2352, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 208, Sec. 9,

eff. Aug. 31, 1987.

Sec. 11.072. FENCES WITH AND WITHOUT GATES. (a) A person who

has used any of the pasture land by joining fences or otherwise

and who builds or maintains more than three miles lineal measure

of fences running in the same general direction without a gate in

it shall be fined not less than $200 nor more than $1,000.

(b) The gate in the fence described in Subsection (a) of this

section shall be at least 10 feet wide and shall not be locked or

kept closed so that it obstructs free ingress or egress.

have previously settled on land not their own, if the enclosure

is 200 acres or less and if the principal pursuit of the person

on the land is agriculture.

Acts 1977, 65th Leg., p. 2353, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 11.073. DEFINITION OF FENCING. In Sections 11.074 and

11.075 of this code, "fencing" means the erection of any

structure of wood, wire, wood and wire, or any other material,

whether it encloses land on all sides or only one or more sides,

which is intended to prevent the passage of cattle, horses,

mules, sheep, goats, or hogs.

Acts 1977, 65th Leg., p. 2353, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 11.074. HERDING AND LINE-RIDING. (a) No owner of stock,

manager, agent, employee, or servant may fence, use, occupy, or

appropriate by herding or line-riding any portion of the public

land of the state or land which belongs to the public schools or

asylums unless he obtains a lease for the land from the proper

authority.

(b) Any owner of stock or his manager, agent, employee, or

servant who fences, uses, occupies, or appropriates by herding or

line-riding any portion of the land covered by Subsection (a) of

this section without a lease for the land, on conviction, shall

be fined not less than $100 nor more than $1,000 and confined in

the county jail for not less than three months nor more than two

years. Each day for which a violation continues constitutes a

separate offense.

in which a portion of the land is located or to which the county

may be attached for judicial purposes or in Travis County.

Acts 1977, 65th Leg., p. 2353, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 11.075. APPROPRIATION OF LAND BY FENCING. (a) Unless a

lease for the land is obtained, any appropriation of public land

of the state or land which belongs to the public schools and

asylums by fencing or by enclosures consisting partly of fencing

and partly of natural obstacles or impediments to the passage of

livestock is an unlawful appropriation of land which is

punishable by the penalty provided in Subsection (b) of Section

11.074 of this code.

(b) Each day that the violation continues constitutes a separate

offense.

Acts 1977, 65th Leg., p. 2353, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 11.076. UNLAWFUL ENCLOSURES. (a) If the governor is

credibly informed that any portion of the public land or the land

which belongs to any of the special land funds has been enclosed

or that fences have been erected on the land in violation of law,

he may direct the attorney general to institute suit in the name

of the state for the recovery of the land, damages, and fees.

(b) The fee for the attorney general may not be less than $10 if

the amount recovered is less than $100, but if the amount of

recovery is over $100, the fee shall be 10 percent paid by the

defendant for the use and occupancy of the land and the removal

of the enclosure and fences.

for the period of occupancy.

(d) In a suit brought under this section, the court shall issue

a writ of sequestration directed to any sheriff in the state

requiring him to take into actual custody the land and any

property on the land which belongs to the person who is

unlawfully occupying the land and to hold the land and other

property until the court issues further orders. The writ may be

executed by the sheriff to whom it is delivered, and he shall

proceed to execute the writ.

(e) The defendant in the suit may replevy the property as

provided in other cases by executing the bond required by law.

(f) An appeal from a suit brought under this section has

precedence over other cases.

(g) If judgment is recovered by the state in the suit, the court

shall order the enclosure or fences removed and shall charge the

costs of the suit to the defendant. Property on the land which

belongs to the defendant and which is not exempt from execution

may be used to pay costs and damages in addition to the personal

liability of the defendant.

Acts 1977, 65th Leg., p. 2353, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 2644, ch. 707,

Sec. 4(32), eff. Aug. 31, 1981.

Sec. 11.077. SUIT AGAINST ADVERSE CLAIMANT. If any public land

is held, occupied, or claimed adversely to the state or to any

fund of the state by any person or if land is forfeited to the

state for any reason, the attorney general shall file suit for

the land, for rent on the land, and to recover damages to the

land.

Acts 1977, 65th Leg., p. 2354, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 11.078. VENUE. A suit brought under the provisions of

Section 11.076 or Section 11.077 of this code shall be brought in

the county in which the land or any part of the land is located.

Acts 1977, 65th Leg., p. 2354, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 11.079. ACCESS TO LAND. (a) The state, a permittee of the

state, or a lessee or assignee of state land or minerals

dedicated to the permanent school fund may exercise the power of

eminent domain to obtain an easement whenever it is necessary to

enter or cross the land of another person for the purpose of

obtaining access to any land or interest in land that is owned by

the state and that is dedicated by law to the permanent school

fund.

(b) If the state or such permittee, lessee, or assignee and the

private owner of the land through which an easement for access is

sought cannot agree on the place or the terms for the easement to

obtain access, either the state or such permittee, lessee, or

assignee may, in order to provide that access, exercise this

power of eminent domain in the manner provided by Chapter 21,

Property Code.

the sole use and benefit of the state, its permittee, lessee, or

assignee and may be used only to the extent necessary to achieve

the required access or for the purposes for which the permit,

lease, or assignment was granted. An easement so acquired is

hereby dedicated to the permanent school fund.

(d) If the state desires to utilize the power of eminent domain

to obtain an easement under this section for access to a tract of

land, the attorney general shall institute condemnation

proceedings as provided under Chapter 21, Property Code. If

agreement regarding an easement for access cannot be reached with

a private landowner, a permittee of the state or a lessee or

assignee of land or minerals dedicated to the permanent school

fund desiring to utilize this section to obtain an easement for

access to a tract of land must institute the condemnation

proceedings authorized by this section.

(e) If the easement acquired under this section is taken solely

to benefit a tract of land in which the permanent school fund

owns only a mineral interest, the easement shall not be permanent

but shall be limited to the term that the state minerals are held

under a valid prospect permit or lease. The easement will

terminate when the prospect permit and lease expires or

terminates.

(f) This section is cumulative of the provisions of Subtitles C

and D, Title 2, Natural Resources Code, relating to access to

land and to the power of eminent domain. The special fund

accounts established under Sections 51.401, 52.297, and 53.155 of

this code may be used to compensate landowners for an easement to

obtain access under this section.

Added by Acts 1987, 70th Leg., ch. 1061, Sec. 1, eff. Aug. 31,

1987.

Sec. 11.0791. OTHER PROVISIONS REGARDING ACCESS TO STATE LANDS.

When a state governmental entity sells state land, the entity

shall require that the state have the right of ingress and egress

to remaining state land in the immediate area by an easement to a

public thoroughfare.

Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.41, eff. Sept. 1,

1999.

Sec. 11.080. DAMAGES TO PERSONS AND PERSONALTY. When access to

any land is obtained by the state under Section 11.079 of this

code, the state shall be liable to the property owner to the same

extent that any private easement holder would be held liable for

the use of access across privately owned property.

Added by Acts 1987, 70th Leg., ch. 1061, Sec. 2, eff. Aug. 31,

1987.

Sec. 11.081. RULES. The General Land Office of the State of

Texas shall promulgate and enforce rules governing the

construction, maintenance, and use of roads created by access

granted under Section 11.079 of this code.

Added by Acts 1987, 70th Leg., ch. 1061, Sec. 3, eff. Aug. 31,

1987.

Sec. 11.082. NOTICE TO SCHOOL LAND BOARD. (a) A state agency

or political subdivision may not formally take any action that

may affect state land dedicated to the permanent school fund

without first giving notice of the action to the board. Notice of

the proposed action shall be delivered by certified mail, return

receipt requested, addressed to the deputy commissioner of the

asset management division of the General Land Office on or before

the state agency's or political subdivision's formal initiation

of the action.

(b) The notice must:

(1) describe the proposed action;

(2) state the location of the permanent school fund land to be

affected; and

(3) describe any foreseeable impact or effect of the state

agency's or political subdivision's action on the permanent

school fund land.

without the notice required by Subsection (a) of this section

that affects state land dedicated to the permanent school fund is

not effective as to permanent school fund land affected by the

action.

(d) In this section:

(1) "Action" means:

(A) formal adoption of an agency or political subdivision

policy;

(B) final adoption of an administrative rule;

(D) issuance of an administrative order in an administrative

hearing; or

(E) adoption of a local ordinance or resolution.

(2) "Board" means the School Land Board.

(3) "Initiation" means the commencement of the first phase of

public consideration of a formal policy, rule, or ordinance, or a

hearing undertaken by a state agency or political subdivision

that is intended to result in final adoption of a formal policy,

rule, or ordinance.

(4) "Political subdivision" means a county, public school

district, or special-purpose district or authority.

(5) "State agency" means:

(A) a department, commission, board, office, bureau, council, or

other agency in the executive branch of state government other

than the Texas Department of Transportation and the Railroad

Commission of Texas; or

(B) a university system or an institution of higher education as

defined in Section 61.003, Education Code.

Added by Acts 1993, 73rd Leg., ch. 991, Sec. 7, eff. Sept. 1,

1993.

Sec. 11.083. RETENTION OF MINERAL RIGHTS. The state shall

retain the mineral rights to state land that is sold unless it is

impractical to do so.

Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.42, eff. Sept. 1,

1999.

Sec. 11.084. SCHOOL LAND BOARD APPROVAL OF PATENT FOR INTEREST

IN LAND RELEASED BY STATE. (a) The School Land Board may

approve a tract of land for patenting to release all or part of

the state's interest in land, excluding mineral rights, if the

board:

(1) finds that:

(A) the land is surveyed, unsold, permanent school fund land

according to the records of the land office;

(B) the land is not patentable under the law in effect before

January 1, 2002; and

(i) holds the land under color of title;

(ii) holds the land under a chain of title that originated on or

before January 1, 1952;

(iii) acquired the land without actual knowledge that title to

the land was vested in the State of Texas;

(iv) has a deed to the land recorded in the appropriate county;

and

(v) has paid all taxes assessed on the land and any interest and

penalties associated with any period of tax delinquency; and

(2) unanimously approves the release of the state's interest.

(b) This section does not apply to:

(1) beach land, submerged or filled land, or islands; or

(2) land that has been determined to be state-owned by judicial

decree.

(1) resolve boundary disputes; or

(2) change the mineral reservation in an existing patent.

Added by Acts 2001, 77th Leg., ch. 310, Sec. 1, eff. Nov. 6,

2001.

Sec. 11.085. PROCEDURE FOR APPLYING FOR PATENT FOR INTEREST IN

LAND RELEASED BY STATE. (a) A person claiming title to land may

apply for a patent under Section 11.084 by filing with the

commissioner an application on a form prescribed by the

commissioner. The claimant must attach to the application all

documentation necessary to support the claimant's request for a

patent.

(b) The land office shall review the claimant's application to

determine whether the claimant substantially meets the criteria

for issuance of a patent under Section 11.084.

complete for consideration by the board, the commissioner shall

convene the board to determine whether a patent is to be issued

under Section 11.084.

(d) The commissioner may adopt rules as necessary to administer

Section 11.084 and this section.

Added by Acts 2001, 77th Leg., ch. 310, Sec. 1 eff. Nov. 6, 2001.

Sec. 11.086. CONFIDENTIALITY OF CERTAIN INFORMATION RELATED TO

PURCHASE, SALE, OR DEVELOPMENT OF REAL PROPERTY. (a)

Information relating to the development, location, purchase

price, or sale price of real property developed, purchased, or

sold by or for the School Land Board, Veterans' Land Board, land

office, or commissioner under authority granted by this code,

including a contract provision related to the development,

purchase, or sale of the property, is confidential and exempt

from disclosure under Chapter 552, Government Code, until all

deeds for the property that are applicable to the transaction or

series of related transactions are executed and until all

substantive performance or executory requirements of applicable

contracts have been satisfied. Information that is confidential

and exempted from disclosure under this subsection includes an

appraisal, completed report, evaluation, or investigation

conducted for the purpose of locating or determining the purchase

or sale price of the property, or any report prepared in

anticipation of developing, purchasing, or selling real property.

(b) Information that is confidential and excluded from

disclosure under Subsection (a) is not subject to a subpoena

directed to the School Land Board, Veterans' Land Board, land

office, commissioner, attorney general, or governor.

Added by Acts 2001, 77th Leg., ch. 1317, Sec. 1, eff. Sept. 1,

2001. Renumbered from Sec. 11.084 and amended by Acts 2003, 78th

Leg., ch. 532, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg.,

ch. 1275, Sec. 2(111), eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

381, Sec. 1, eff. June 15, 2007.

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Texas Codes and Statutes

CHAPTER 11. PROVISIONS GENERALLY APPLICABLE TO THE PUBLIC DOMAIN