CHAPTER 51. LAND, TIMBER, AND SURFACE RESOURCES
NATURAL RESOURCES CODE
TITLE 2. PUBLIC DOMAIN
SUBTITLE D. DISPOSITION OF THE PUBLIC DOMAIN
CHAPTER 51. LAND, TIMBER, AND SURFACE RESOURCES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 51.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the Commissioner of the General Land
Office.
(2) "Land office" means the General Land Office.
(3) "Board" means the School Land Board.
(4) "Comptroller" means the Comptroller of Public Accounts of
the State of Texas.
(5) "Board of regents" means the board of regents of The
University of Texas System.
(6) "Public school land" means all land of the state that is
dedicated to the permanent school fund.
(7) "Appraiser" means a state certified or state licensed real
estate appraiser who is employed by or contracts with the land
office and who performs professional valuation services
competently and in a manner that is independent, impartial, and
objective.
(8) "Surveyed land" means all or part of any tract of land
surveyed either on the ground or by protraction and dedicated to
or acquired on behalf of the public school fund which is unsold
and for which field notes are on file in the land office or that
may be delineated on the maps of that office as such.
(9) "Unsurveyed land" means any land that is not included in
surveys on file in the land office or surveys delineated on maps
of that office.
(10) "Land" or "real property" means any interest in the
physical land and appurtenances attached to the land, including
improvements.
(11) "Market value" has the meaning assigned by Section 1.04,
Tax Code.
(12) "Sovereign land" means land that has not been sold and
severed by the sovereign.
Acts 1977, 65th Leg., p. 2417, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1997, 75th Leg., ch. 1423, Sec.
14.02, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 280, Sec. 1,
eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1098, Sec. 1, eff. June 18, 2005.
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 13, eff. June 19, 2009.
SUBCHAPTER B. PROVISIONS GENERALLY APPLICABLE
TO THE MANAGEMENT
OF PUBLIC SCHOOL AND ASYLUM LAND
Sec. 51.011. MANAGEMENT OF PUBLIC SCHOOL LAND. (a) Any land,
mineral or royalty interest, real estate investment, or other
interest, including revenue received from those sources, that is
set apart to the permanent school fund under the constitution and
laws of this state together with the mineral estate in riverbeds,
channels, and the tidelands, including islands, shall be subject
to the sole and exclusive management and control of the school
land board and the commissioner under the provisions of this
chapter and other applicable law.
(a-1) The board may acquire, sell, lease, trade, improve,
maintain, protect, or otherwise manage, control, or use land,
mineral and royalty interests, real estate investments, or other
interests, including revenue received from those sources, that
are set apart to the permanent school fund in any manner, at such
prices, and under such terms and conditions as the board finds to
be in the best interest of the fund.
(a-2) Not later than October 15 of each year, the board shall
report to the Legislative Budget Board the sale of any land that
is set apart to the permanent school fund for less than appraised
value or the purchase of any land that is set apart to the
permanent school fund for more than appraised value during the
preceding state fiscal year.
(b) Notwithstanding any other provision of this chapter, land
within 2,500 feet of a military base may not be sold or leased
and an easement over the land may not be granted unless the
commissioner or the commissioner's designee, after consultation
with appropriate military authorities, determines that the grant
will not adversely affect the mission of the military base.
(c) Any public land may be sold or leased, or an easement over
the property may be granted, to the United States for the use and
benefit of the United States armed forces if the commissioner or
the commissioner's designee, after consultation with appropriate
military authorities, determines that the sale, lease, or
easement would materially assist the military in accomplishing
its mission. A sale, lease, or easement under this subsection
must be at market value. The state shall retain all minerals it
owns with respect to the land, but it may relinquish the right to
use the surface to extract them.
(d) The commissioner shall determine whether a conveyance under
this section takes priority over any preference otherwise granted
by law, including the preferential right of a surrounding
landowner. In making the determination, the commissioner must
only consider the interests of preference holders who assert
their preferences in writing after notice of the proposed
conveyance is published in a newspaper of general circulation in
the area. The commissioner shall, in the commissioner's
discretion, balance the competing interests of the preference
holders and the military. The commissioner's determination is
final. After land is conveyed to the military, all competing
preferences terminate.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 149, Sec. 13,
eff. May 27, 2003; Acts 2003, 78th Leg., ch. 280, Sec. 2, eff.
June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1098, Sec. 3, eff. June 18, 2005.
Acts 2005, 79th Leg., Ch.
1098, Sec. 4, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1368, Sec. 1, eff. June 15, 2007.
Sec. 51.012. COMMISSIONER'S AUTHORITY. Subject to the authority
of the board and to exceptions and restrictions that may be
imposed by the constitution and laws of this state, the
commissioner is vested with the authority necessary to carry out
the provisions of this chapter relating to the sale and lease of
public school land and to the protection of this land from free
use and occupancy and from unlawful enclosure.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 280, Sec. 3,
eff. June 18, 2003.
Sec. 51.0125. LAND USED BY STATE AGENCY. Land that belongs to
the permanent school fund as a result of having been deeded or
given to the state and that has been used in the past by a state
agency shall be first offered for sale or lease to state agencies
before it can be sold or leased to any other party. No permanent
school fund land may be used by a state agency without market
value compensation to the permanent school fund.
Added by Acts 1993, 73rd Leg., ch. 991, Sec. 12, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 280, Sec. 4, eff. June
18, 2003.
Sec. 51.013. CLASSIFICATION OF LAND. (a) As the public
interest may require, the commissioner shall classify or
reclassify all public school land and shall include a designation
of the land, including a classification as agricultural, grazing,
timber, or a combination of these classifications based on the
facts in the particular case.
(b) After the classification is entered on the records of the
land office, no further action needs to be taken by the
commissioner and no notice is required to be given to the county
clerk for the classification to be effective.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 280, Sec. 5,
eff. June 18, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 14, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 15, eff. June 19, 2009.
Sec. 51.014. RULES. The commissioner may adopt rules necessary
to carry out the provisions of this chapter and may alter or
amend the rules to protect the public interest.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 16, eff. June 19, 2009.
Sec. 51.015. FORMS. The commissioner shall adopt forms that are
necessary or proper to transact business that he is required to
transact and may request that the attorney general prepare the
forms.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 51.016. DUTIES OF THE ATTORNEY GENERAL. The attorney
general shall furnish the commissioner with advice and legal
assistance that may be required to execute the provisions of this
chapter.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 51.017. FURNISHING DATA TO BOARD OF EDUCATION. On request,
the commissioner shall furnish to the State Board of Education
all available data.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 51.018. RECORDS AND ACCOUNTS. The commissioner shall keep
in his custody as records of his office each application,
affidavit, obligation, and paper relating to the sale and lease
of public school land and shall keep accurate accounts with each
purchaser or lessee.
Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 280, Sec. 6,
eff. June 18, 2003.
Sec. 51.019. SPECIAL FEE. Each bidder on a mineral lease or
land sale by the board shall remit by separate check a special
sale fee in the amount and in the manner provided in Section
32.110 of this code.
Acts 1977, 65th Leg., p. 2419, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 32,
eff. Sept. 1, 1985.
Sec. 51.020. REFUNDS. (a) On presentation of proper proof,
money paid in good faith to a fund in the State Treasury for
public land or by a lessee of public land or minerals to which
the fund is not entitled may be offset or credited by the
commissioner against other sums owing or shall be refunded by the
comptroller in the following instances:
(1) if an error is made in good faith and the refund, stating to
whom payment is to be made, is supported by the official
signature of the commissioner or the attorney general;
(2) if the payment is made according to law but title cannot
issue or possession cannot pass because of a conflict in
boundaries, an erroneous sale, an erroneous lease, or other
cause;
(3) if there is a sale of leased land;
(4) if lease money is paid on a previous forfeited sale and the
sale has been reinstated and the interest paid;
(5) if erroneous timber sales or leases have been made;
(6) if overpayments have been made in final payments to the
comptroller because of decreased acreage or other cause;
(7) if reduction has been made in acreage of timber sold or
leased; or
(8) if payments are made in good faith by claimants of land
where the applicants have no right to purchase the land as
revealed by investigation of title.
(b) After specific appropriations are made according to law,
refunds shall be paid from the funds to which the payments have
been credited.
(c) Any claim for refund except a refund covered by Subdivision
(1) of Subsection (a) of this section shall be certified by the
commissioner, verified by the affidavit of the claimant, and
approved by the attorney general as to the correctness and as to
whom the refund is due.
(d) In the event of a failure of title or right of possession,
money paid by any purchaser or lessee who subsequently sells the
land or assigns the lease shall be refunded to the person on whom
the loss falls.
Acts 1977, 65th Leg., p. 2419, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 642, Sec. 5,
eff. Aug. 26, 1991; Acts 1997, 75th Leg., ch. 1423, Sec. 14.03,
eff. Sept. 1, 1997.
SUBCHAPTER C. SALE OF PUBLIC SCHOOL AND ASYLUM LAND
Sec. 51.051. SALE OF LAND. All sales of land described in
Section 51.011 shall be made by or under the direction of the
school land board.
Acts 1977, 65th Leg., p. 2419, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch.
1098, Sec. 5, eff. June 18, 2005.
Sec. 51.052. CONDITIONS FOR SALE OF LAND. (a) Repealed by Acts
2009, 81st Leg., R.S., Ch. 1175, Sec. 33(2), eff. June 19, 2009.
(b) A purchaser of land under this subchapter may make a down
payment of an amount determined by the board and the board may
set the terms and conditions of the sale, including the interest
rate. On full payment and satisfaction of other conditions, the
purchaser is entitled to a patent for the land. This subsection
does not prevent the board from requiring a tract of land to be
purchased for cash.
(c) Repealed by Acts 1987, 70th Leg., ch. 208, Sec. 14, eff.
Aug. 31, 1987.
(d) Before the land under this chapter is sold, the appraiser
must appraise the land at its market value and file a copy of the
appraisal with the commissioner.
(e) The owner of land that surrounds a tract of land approved
for sale by the board shall have a preference right to purchase
the tract before the land is made available for sale to any other
person, provided the person having the preference right pays not
less than the market value for the land as determined by the
board and the board finds use of the preference to be in the best
interest of the state. The board shall adopt rules to implement
this preference right.
(f) If the surrounding land is owned by more than one person,
the owners of land with a common boundary with a tract of land
approved for sale by the board shall have a preference right to
purchase the tract before it is made available to any other
person, provided the person with the preference right pays not
less than the market value of the land as determined by the board
and the board finds use of the preference to be in the best
interest of the state. The board shall adopt rules to implement
this preference right.
(g) If land is located within the boundaries of or adjacent to
any state park, refuge, natural area, or historical site subject
to the management and control of the Parks and Wildlife
Department, the department has a preference right to purchase the
land before it is made available to any other person. A sale to
the department under this section may not be for less than the
market value of the land, as determined by the board.
(h) The board may sell or exchange any interest in the surface
estate of public school land directly to any state agency, board,
commission, or political subdivision or other governmental entity
of this state without the necessity of a sealed bid sale. All
sales or exchanges made pursuant to this subsection shall be for
not less than market value as determined by the board and under
such other terms and conditions the board determines to be in the
best interest of the state.
(i) If no bid meeting minimum requirements is received for a
tract of land offered at a sealed bid sale under Subchapter D of
Chapter 32, or if the transaction involves commercial real estate
and the board determines that it is in the best interest of the
permanent school fund, the asset management division of the land
office may solicit proposals or negotiate a sale, exchange, or
lease of the land to any person. The board must approve any
negotiated sale, exchange, or lease of any land under this
section.
(i-1) The land office shall post information related to the
process for purchasing commercial real estate under Subsection
(i) on the land office's Internet website.
(j) The board, in its sole discretion and in the best interests
of the permanent school fund as determined by the board and
without regard to requirements of local governments as to the
necessity of any such dedication, may dedicate permanent school
fund land to any governmental unit for the benefit and use of the
public in exchange for nonmonetary consideration with a value
reasonably equivalent to or greater than the market value of the
dedicated land, if the board determines that such an exchange
would benefit the permanent school fund. The asset management
division of the land office shall determine the value of the
nonmonetary consideration and shall file a copy of its
determination with the commissioner. Examples of public purposes
for which permanent school fund land may be dedicated under this
subsection include but are not limited to: (1) rights-of-way for
public roads, utilities, or other infrastructure; (2) public
schools; (3) public parks; (4) government offices or facilities;
(5) public recreation facilities; and (6) residential
neighborhood public amenities.
(k) The asset management division of the land office may
contract for the services of a real estate broker or of a private
brokerage or real estate firm to assist in any sale, lease, or
exchange of land under this subchapter.
(l) If the board leases land under this subchapter and the lease
includes the right to produce groundwater from the land, the
lessee shall comply with the statutory provisions governing and
the rules adopted by the groundwater conservation district, if
any, in which the land is located, including the statutory
provisions and rules governing the production and use of
groundwater and the transfer of groundwater out of the district.
Acts 1977, 65th Leg., p. 2419, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 5242, ch. 965,
Sec. 1, eff. June 19, 1983; Acts 1987, 70th Leg., ch. 208, Sec.
14, eff. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 383, Sec. 4,
eff. June 14, 1989; Acts 1991, 72nd Leg., ch. 633, Sec. 5, eff.
Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 991, Sec. 13, eff. Sept.
1, 1993; Acts 1995, 74th Leg., ch. 293, Sec. 1, eff. Aug. 28,
1995; Acts 2003, 78th Leg., ch. 280, Sec. 7, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1098, Sec. 6, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch.
726, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 17, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 33(2), eff. June 19, 2009.
Sec. 51.054. RESERVATION OF MINERALS. (a) Except as otherwise
provided in this section, land dedicated to the permanent school
fund shall be sold subject to a reservation set by the board of
not less than one-eighth of all sulphur and other mineral
substances from which sulphur may be derived or produced and not
less than one-sixteenth of all other minerals to the state;
provided, that if leasing rights are retained hereunder, the
reserved minerals shall be subject to lease as provided by
Subchapter B, Chapter 52, Natural Resources Code, and Subchapters
B and E, Chapter 53, Natural Resources Code. The mineral
reservation to the state shall be determined by the board before
the land is offered for sale. If the board determines that a
mineral reservation under this section would substantially reduce
the value of the surface of land by restricting its suitability
for agricultural, commercial, or residential use, the board may
take such action or waive such rights as are in the best interest
of the permanent school fund, including, without limitation,
establishing designated exploration or drilling sites, waiving
surface or other rights of access or development, or conveying
the land with no mineral reservation.
(b) Land that is set apart for the various asylum funds shall be
sold with the oil, gas, coal, and all other minerals reserved to
the fund to which the land belongs.
(c) The provisions of this section do not apply to oil and gas
sold from public school land covered by Subchapter F, Chapter 52,
of this code.
(d) The provisions of this section do not apply to vacancies
covered by Section 51.201 of this code.
(e) An oil, gas, or other mineral lease on land in which the
state reserves a mineral or royalty interest is not effective
until a certified copy of the recorded lease is filed in the
General Land Office.
Acts 1977, 65th Leg., p. 2420, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 5243, ch. 965,
Sec. 2, eff. June 19, 1983; Acts 1985, 69th Leg., ch. 923, Sec.
3, eff. Aug. 26, 1985; Acts 1995, 74th Leg., ch. 354, Sec. 3,
eff. Aug. 28, 1995; Acts 2003, 78th Leg., ch. 280, Sec. 8, eff.
June 18, 2003.
Sec. 51.0551. LISTS OF PUBLIC LAND OFFERED FOR SALE: CRIMINAL
PENALTIES. (a) A person, including a corporation or an
association, commits an offense if he reproduces, prints, or
prepares or sells or furnishes a printed, multigraphed, or
mimeographed list prepared by or under the direction of the
commissioner offering for sale or lease any state or public
school land.
(b) This section does not prohibit the commissioner or land
board from advertising in a newspaper or otherwise as is provided
by law nor a newspaper or periodical from publishing the list in
a regular issue as a news item.
(c) An offense under this section is a misdemeanor punishable by
a fine of not more than $1,000.
Added by Acts 1983, 68th Leg., p. 1021, ch. 235, art. 5, Sec.
1(a), eff. Sept. 1, 1983.
Sec. 51.056. APPLICATION OR REQUEST TO PURCHASE LAND. A person
who wants to purchase public school land shall submit to the
commissioner a written application or request in a form
designated by the commissioner.
Acts 1977, 65th Leg., p. 2420, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 5243, ch. 965,
Sec. 3, eff. June 19, 1983; Acts 1987, 70th Leg., ch. 208, Sec.
5, eff. Aug. 31, 1987; Acts 2003, 78th Leg., ch. 280, Sec. 9,
eff. June 18, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 18, eff. June 19, 2009.
Sec. 51.065. NOTICE AND RECORD OF SALE. (a) The commissioner
shall notify the county clerk of the proper county of the sale of
each tract of land, the name and address of the purchaser, and
the price of the land.
(b) After being informed of any sale of public school land, the
county clerk shall enter in his books opposite the description of
the land sold, the name of the purchaser and the date of the
sale.
(c) The notice of sale and the book containing the entry are
public records.
Acts 1977, 65th Leg., p. 2422, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 280, Sec. 12,
eff. June 18, 2003.
Sec. 51.066. LAND AWARD. (a) The commissioner shall prepare
and issue a land award for each tract of sovereign land sold.
(b) Each land award shall be appropriately numbered and shall be
worded in a manner that will constitute a receipt for the first
or full payment after it is signed by the commissioner.
(c) One copy of the land award shall be retained in the land
office and the other copy shall be sent to the purchaser.
Acts 1977, 65th Leg., p. 2422, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 19, eff. June 19, 2009.
Sec. 51.067. INFORMATION REQUIRED WITH PAYMENTS. A person who
is making a payment of principal, interest, or lease rental on
land shall give the name of the original purchaser or lessee and
shall sufficiently designate the land.
Acts 1977, 65th Leg., p. 2422, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 51.069. DISPOSITION OF PAYMENTS ON PUBLIC SCHOOL LAND.
Payments on public school land received by the commissioner,
including payments received as interest on the purchase of public
school land, shall be transmitted to the comptroller to be
credited to the permanent school fund.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1997, 75th Leg., ch. 1423, Sec.
14.09, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 328, Sec. 5,
eff. Jan. 1, 2004.
Sec. 51.070. UNPAID PRINCIPAL ON PUBLIC SCHOOL LAND SALES. (a)
Unpaid and delinquent principal on sales of public school land
shall bear interest at a rate set by the board, which principal
and interest shall be payable at the times and on such terms as
are established by the board.
(b) No patent may be issued for any public school land until all
principal, accrued interest, late charges, and other fees and
expenses are paid in full.
(c) Any unpaid principal and interest is considered delinquent
on the 30th day after the date payment of the principal and
interest is due for the obligation.
(d) After the payment of principal and interest becomes
delinquent under the obligation, notice of delinquency and
subsequent potential forfeiture must be provided by certified
mail, return receipt requested, to the last known address of the
obligee and must be documented in the records of the land office.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 5244, ch. 965,
Sec. 4, eff. June 19, 1983; Acts 1995, 74th Leg., ch. 354, Sec.
1, eff. Aug. 28, 1995; Acts 2003, 78th Leg., ch. 280, Sec. 13,
eff. June 18, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 20, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 21, eff. June 19, 2009.
Sec. 51.071. FORFEITURE OF LAND. (a) If principal, accrued
interest, late charges, and other fees and expenses on a sale of
sovereign land are not paid when due as required by the terms set
by the board, the land is subject to forfeiture by the
commissioner by entry on the file containing the papers "Land
Forfeited" or similar words, the date of the forfeiture, and the
official signature of the commissioner.
(b) After the entry is made on the file, the land and all
payments that have been made for it are forfeited to the state,
and the land may be resold in accordance with the provisions of
this subchapter.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 5244, ch. 965,
Sec. 5, eff. June 19, 1983; Acts 2003, 78th Leg., ch. 280, Sec.
14, eff. June 18, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 22, eff. June 19, 2009.
Sec. 51.072. EFFECT OF FORFEITURE. In cases of forfeiture, the
original obligations and reinstatement fees are as binding as if
no forfeiture occurred.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 280, Sec. 15,
eff. June 18, 2003.
Sec. 51.073. CLASSIFICATION AND SALE OF LEASED AND FORFEITED
LAND. Before it is sold, the commissioner shall classify and
determine the market value of land on which leases have expired
and land forfeited to the state.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 280, Sec. 16,
eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
387, Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 23, eff. June 19, 2009.
Sec. 51.074. REINSTATEMENT OF LAND PURCHASES. (a) If no rights
of third persons have intervened, the purchasers or their
vendees, heirs, or legal representatives, who claim land that has
been forfeited for nonpayment of principal and interest, may have
the claim reinstated on written request by paying into the State
Treasury the amount of all principal and interest due on the
claim up to the date of reinstatement.
(b) The right to reinstate a claim under this section is limited
to the last purchaser from the state, or his vendees, heirs, or
legal representatives, and must be exercised within six months
from the date of the forfeiture.
Acts 1977, 65th Leg., p. 2423, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 280, Sec. 17,
eff. June 18, 2003.
Sec. 51.075. FORFEITURE OF A DECEASED PURCHASER'S LAND. (a) If
a purchaser of land dies, the heirs or legal representatives of
the deceased have one year following November 1 after the
purchaser's death in which to make payment before the
commissioner declares the land to be forfeited.
(b) If the forfeiture is declared by the commissioner within the
time period stated in Subsection (a) of this section, it will be
set aside on proper proof of death if no rights of third parties
have intervened.
Acts 1977, 65th Leg., p. 2424, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 51.076. LEGAL PROCEEDINGS. None of the provisions of
Sections 51.071 through 51.072 and 51.074 through 51.075 of this
code shall prevent the state from instituting legal proceedings
necessary:
(1) to enforce a forfeiture;
(2) to recover the full amount of principal and interest that
may be owed to the state at the time the forfeiture occurred; or
(3) to protect another right to the land.
Acts 1977, 65th Leg., p. 2424, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 280, Sec. 18,
eff. June 18, 2003.
Sec. 51.077. LIEN. To secure the payment of principal and
interest due on a sale of public school land and university land
the state has an express lien for the use and benefit of the fund
to which the land belongs. The lien is in addition to any right
and remedy that the state has for enforcement of the payment of
principal and interest due and unpaid, up to and including the
period required to reinstate the land award and obligation.
Acts 1977, 65th Leg., p. 2424, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 280, Sec. 19,
eff. June 18, 2003.
Sec. 51.0771. REINSTATEMENT FEE. (a) A reinstatement fee is
due when a forfeited award is reinstated. The reinstatement fee
is calculated at one and one-half percent of all amounts
delinquent at the time of the reinstatement.
(b) The comptroller must receive the reinstatement fee before
the forfeited award is reinstated.
(c) Amounts received in the form of a reinstatement fee are
considered proceeds from the sale of permanent school fund land
and shall be deposited in the permanent school fund.
Added by Acts 2003, 78th Leg., ch. 280, Sec. 20, eff. June 18,
2003.
Sec. 51.078. TRANSFER OF INDEBTEDNESS. (a) If a person or the
Federal Farm Loan Bank, with the consent of the owner of land
covered by Section 51.077 of this code, pays to the state the
principal and interest due on any obligation given for the land,
the commissioner, on written request of the owner, may execute,
acknowledge, and deliver to the person or the Federal Farm Loan
Bank a written transfer of the indebtedness held by the state.
The written request of the owner shall be acknowledged in the
manner required for the conveyance of real estate and shall be
accompanied by an affidavit of ownership.
(b) The person or the Federal Farm Loan Bank is subrogated to
all the rights, liens, and remedies held by the state to secure
and enforce the payment of the principal and interest that was
paid to the state.
(c) If the land claimed by a person claiming to be the owner is
held under evidence of title that the law or rules of the land
office do not authorize to be filed in the land office, the
commissioner may admit the owner to be the person that the person
or the Federal Farm Loan Bank paying the indebtedness admits to
be the owner, and on making this admission the instrument of
transfer shall be executed.
(d) None of the provisions of this section shall change any part
of the law or rules that apply to the land office with relation
to titles to land and issuance of patents.
Acts 1977, 65th Leg., p. 2424, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 51.079. TRANSFERS GENERALLY. (a) An owner of public
school land purchased from the state may sell the land or a
definite portion of the land in any size tract.
(b) If land to be sold is separated from another portion of land
but is not sufficiently designated by metes and bounds in the
papers offered to be filed so that it may be identified with
certainty, the commissioner shall require that proper field notes
accompany the papers before he files them and separates the land.
Acts 1977, 65th Leg., p. 2425, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 280, Sec. 21,
eff. June 18, 2003.
Sec. 51.080. PERSONAL TRANSFERS. (a) A vendee who obtains
through personal transfer a whole survey or a whole portion of a
survey purchased from the state as a whole or who obtains through
personal transfer a portion of a survey purchased from the state
as a whole or in a quantity less than the whole survey is
entitled to become a substitute purchaser directly from the state
in the manner provided in this section.
(b) With the approval of the commissioner, the vendee may file
in the land office a complete chain of title through personal
transfers that have been duly executed and recorded in the
counties in which the land or a part of the land is located and
shall pay the fees provided by law.
(c) After the papers are filed in the land office, the
substituted purchaser shall have his portion of land separated
from the other portion of land, if any, on the records of the
land office and shall assume and be liable to the state for all
unpaid principal and interest due the state for the land conveyed
by the deeds that are filed, together with all obligations and
penalties attaching to the original purchase.
(d) The obligation of the original purchaser and the obligation
of all vendors of the substituted purchaser are enforceable
against the substituted purchaser as if he were the original
purchaser from the state, and the obligation of the vendor or
vendors of the substituted purchaser are canceled.
Acts 1977, 65th Leg., p. 2425, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 51.081. TRANSFERS OTHER THAN PERSONAL TRANSFER. A person
who claims title through a source other than by personal transfer
to a definite portion of a survey that is less than the whole
survey purchased from the state, with the approval of the
commissioner, may have the portion of land that he claims
separated from the other portion of the survey on the records of
the land office by filing in the land office evidence of claims
that may be required by the commissioner and by paying the fees
provided by law for papers filed as evidence of the claim or a
right to a separation of the area.
Acts 1977, 65th Leg., p. 2425, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 51.082. LIABILITY OF VENDEE. After a separation of land is
made on the records of the land office, the portion that is
separated shall be charged and credited with its pro rata part of
the principal and interest due and paid to November 1 preceding
the date of the filing of the transfers or other papers.
Acts 1977, 65th Leg., p. 2425, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 51.083. PATENT ON PART OF A TRACT. (a) If an owner or
claimant of land whose ownership or claim is shown on the records
of the land office desires a patent on a portion of the whole
tract, the owner or claimant, with the approval of the
commissioner, may file field notes for the portion of the tract
on which the patent is desired, together with the filing fee
required by law, and may obtain a patent for the portion of the
tract after the full price is paid, together with all fees
required by law.
(b) If the ownership of the tract is evidenced by personal
transfer, the patent shall be issued to the owner and his
assigns, but if the claimant claims title through other evidence
than by personal transfer, the patent shall be issued in the name
of the person and his assigns who hold title by original purchase
or in the name of the person and his assigns who appear on the
records to hold title through the last personal transfer.
(c) If a patent is issued in the name of any person other than
the legal owner, the patent and the rights granted in the patent
inure to the benefit of the legal owner.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 51.085. TIME FOR PURCHASE OF LAND. Each purchaser of land
has the option of paying the purchase price in full at any time,
together with all fees, and obtaining a patent for the land.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 51.086. SALE OF ESCHEATED PERMANENT SCHOOL LAND. (a) All
sales of escheated land that is a part of the permanent school
fund must be made at a price that may not be less than the
minimum price set by the court under Section 71.107, Property
Code, and in the same manner as the sale of public school land as
provided by this chapter.
(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1175, Sec.
33(13), eff. June 19, 2009.
(c) When escheated permanent school land is sold, this state
shall reserve all minerals in the land for the permanent school
fund.
Added by Acts 1983, p. 3729, ch. 576, Sec. 4, eff. Jan. 1, 1984.
Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 13.002(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 24, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 33(13), eff. June 19, 2009.
SUBCHAPTER D. LEASE OF LAND
Sec. 51.121. LEASE OF UNSOLD LAND. (a) Unsold public school
land may be leased for any purpose the commissioner determines is
in the best interest of the state under terms and conditions set
by the commissioner. Improvements on land under this subsection
shall not become the property of the state and shall be taxed in
the same manner as other private property.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch.
387, Sec. 2
(b) Improvements on land leased under Subsection (a) shall be
removed prior to the expiration of the lease unless the
commissioner determines it to be in the best interest of the
state that removal of the improvements not be required and
includes such a provision in the terms and conditions of the
lease.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch.
1368, Sec. 2
(b) Improvements on land leased under Subsection (a) shall be
removed prior to the expiration of the lease unless the
commissioner determines it to be in the best interest of the
state that removal of the improvements not be required and
includes a provision in the terms and conditions of the lease
that the improvements on the land shall become property of the
state upon termination or expiration of the lease.
(c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 387, Sec. 14(1),
eff. June 15, 2007.
(d) In leases granted under this subchapter, the commissioner
may grant the lessee a preference right to purchase the leased
premises. In order to grant this preference right, the
commissioner must include such a provision in the lease. The
provision may provide that the preference right to purchase may
be exercised at any time during the term of the lease. If the
commissioner does include the preference right to purchase in the
lease, the lessee shall have a preference right to purchase the
leased premises before the leased premises are made available for
sale to any other person. All sales under this subsection must
be for a price determined by the board and under any other terms
and conditions that the commissioner deems to be in the best
interest of the state. The preference right to purchase granted
under this subsection is superior to any other preference right
to purchase granted under any other section of this code or under
any other law. Nothing in this subsection shall be construed to
allow the commissioner to grant a preference right to purchase
submerged land.
(e) Subject to the provisions of Title 2, Utilities Code, any
district created by Section 59, Article XVI, Texas Constitution,
that leases unsold public school land for power generation
through the use of renewable energy sources, such as wind, solar,
or geothermal energy and other sustainable sources, or a district
participating in a power generation project using renewable
energy sources which is located on unsold public school lands may
distribute and sell electric energy generated on public school
lands within or without the boundaries of the district and may
issue bonds to accomplish such purposes pursuant to Chapter 1371,
Government Code, or other applicable law. For any such power
generation project which is located on both public lands and
private lands, the district may sell outside its boundaries only
the pro rata portion of the total amount as is generated on the
public lands. All electric energy generated pursuant to this
section shall be sold for resale only to utilities authorized to
make retail sales under Title 2, Utilities Code, and shall be
subject to the solicitation process and integrated resource
planning process authorized by that title.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 472, ch. 215,
Sec. 1, eff. May 17, 1979; Acts 1983, 68th Leg., p. 3729, ch.
576, Sec. 5, eff. Jan. 1, 1984; Acts 1985, 69th Leg., ch. 624,
Sec. 33, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 208, Sec.
4, eff. Aug. 31, 1987; Acts 1993, 73rd Leg., ch. 991, Sec. 14,
eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 62, Sec. 18.40,
eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 8.352,
eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 280, Sec. 22, eff.
June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
387, Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
387, Sec. 14(1), eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1368, Sec. 2, eff. June 15, 2007.
Sec. 51.122. ADVERTISEMENT OF LEASES. Leases under the
provisions of this subchapter may be advertised in the manner
provided in Section 32.107 of this code.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 51.123. LEASE APPLICATION. A person who desires to lease
land shall submit a written application to the commissioner
specifying and describing the particular land he desires to
lease.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 51.124. AWARD OF LEASE. (a) A lease shall be awarded to
the highest responsible bidder.
(b) The lease shall be awarded under the rules and in the
quantities the commissioner considers to be in the best interest
of the state and not inconsistent with the equities of the
occupant.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 33,
eff. Sept. 1, 1985.
Sec. 51.125. REJECTION OF BID OR OFFER TO LEASE. Any bid or
offer to lease may be rejected by the commissioner for fraud,
collusion, or other good and sufficient cause before the lease is
signed.
Acts 1977, 65th Leg., p. 2426, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 33,
eff. Sept. 1, 1985.
Sec. 51.126. NOTIFICATION OF ACCEPTANCE AND EXECUTION OF LEASE.
After the applications are received, the commissioner shall give
written notification to the successful applicant that his bid or
offer to lease is accepted and execute a lease to the applicant
in the name and by the authority of the State of Texas.
Acts 1977, 65th Leg., p. 2427, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 51.127. RECORDING MEMORANDUM OF LEASE. (a) The
commissioner shall prepare a descriptive memorandum of the lease
at the time the lease is executed and deliver the lease and the
memorandum to the lessee.
(b) The lessee shall deliver the memorandum of the lease to the
clerk of the county in which the land is located.
(c) The clerk shall record the memorandum in the county clerk's
office.
(d) On payment of the recording fee, the clerk shall deliver the
recorded memorandum to the lessee. The lessee shall provide to
the commissioner a certified copy of the recorded memorandum.
Acts 1977, 65th Leg., p. 2427, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
387, Sec. 3, eff. June 15, 2007.
Sec. 51.129. LIEN. (a) During the continuance of the lease and
after forfeiture, the state has a lien on all property owned by
the lessee which is located on the leased premises to secure
payment of rent due.
(b) The lien is superior to all other liens.
(c) A reservation of the lien in the lease is not essential to
preserve its validity.
Acts 1977, 65th Leg., p. 2427, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 51.131. SOIL AND WATER CONSERVATION PLANS. (a) For each
lease issued under this subchapter for agricultural or grazing
purposes, the commissioner may require the lessee to implement a
soil and water conservation plan approved by the commissioner.
The commissioner, in reviewing a plan, and the lessee, in
implementing a plan, may be assisted by the United States
Department of Natural Resources Conservation Service.
(b) The commissioner by rule shall adopt a procedure for
reviewing and approving soil and water conservation plans
required by Subsection (a) of this section.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 34, eff. Sept. 1,
1985. Amended by Acts 2003, 78th Leg., ch. 280, Sec. 23, eff.
June 18, 2003.
SUBCHAPTER E. SALE AND LEASE OF VACANCIES
Sec. 51.171. PURPOSE; APPLICATION OF OTHER LAW. (a) This
subchapter controls the purchase and lease of vacant land and the
authority of the commissioner and the board to:
(1) determine whether a vacancy exists; and
(2) sell and lease vacant land.
(b) To the extent a provision of this subchapter conflicts with
another law relating to vacant land or Chapter 2001, Government
Code, this subchapter controls.
Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
874, Sec. 1, eff. June 17, 2005.
Sec. 51.172. DEFINITIONS. In this subchapter:
(1) "Administratively complete" means a vacancy application that
complies with Section 51.176 and any rule adopted by the
commissioner regarding the filing of a vacancy application.
(1-a) "Applicant" means any person, including a good-faith
claimant, who files a vacancy application.
(1-b) "Application commencement date" means:
(A) the date, as designated in the commissioner's notice to the
applicant required by Section 51.177(b); or
(B) the date, as designated in the commissioner's notice to the
applicant required by Section 51.177(d), indicating that any
deficiency in the vacancy application has been resolved.
(2) "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 claimed 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;
(B) has had, or whose predecessors in interest have had, the
land claimed to be vacant enclosed or within definite boundaries
recognized in the community and in possession under a chain of
title for a period of at least 10 years with a good-faith belief
that the land was included within the boundaries of a survey or
surveys that were previously titled, awarded, or sold under
circumstances that would have vested title in the land if the
land were actually located within the boundaries of the survey or
surveys;
(C) is the owner of land:
(i) that adjoins the land claimed to be vacant; and
(ii) for which no vacancy application has been previously filed;
or
(D) holds title under a person described by Paragraph (A), (B),
or (C) or is entitled to a distributive share of a title acquired
under an application filed by a person described by Paragraph
(A), (B), or (C).
(3) "Interest" means any right or title in or to real property,
including a surface, subsurface, or mineral estate. "Interest"
includes a right or title described as follows:
(A) a fee simple title;
(B) a determinable fee or other leasehold or mineral interest
created under a conveyance instrument, including a mineral lease;
(C) a mineral royalty, nonparticipating royalty, or overriding
royalty interest described by Section 51.194(c);
(D) a life estate;
(E) a remainder or reversionary interest; or
(F) a secured interest under a lien.
(4) "Necessary party" means:
(A) an applicant or good-faith claimant whose present legal
interest in the surface or mineral estate of the land claimed to
be vacant may be adversely affected by a vacancy determination;
(B) a person who asserts a right to or who claims an interest in
land claimed to be vacant;
(C) a person who asserts a right to or who claims an interest in
land claimed to be vacant or in land adjoining land claimed to be
vacant as shown in the records of the land office or the county
records, including tax records, of any county in which all or
part of the land claimed to be vacant is located;
(D) a person whose name appears in the records described by
Paragraph (C); or
(E) an attorney ad litem appointed under Section 51.180.
(4) "Necessary party" means:
(A) an applicant or good-faith claimant whose present legal
interest in the surface or mineral estate of the land claimed to
be vacant may be adversely affected by a vacancy determination;
(B) a person who asserts a right to or who claims an interest in
land claimed to be vacant;
(C) a person who asserts a right to or who claims an interest in
land adjoining land claimed to be vacant as shown in the records
of the land office or the county records, including tax records,
of any county in which all or part of the land claimed to be
vacant is located;
(D) a person whose name appears in the records described by
Paragraph (C); or
(E) an attorney ad litem appointed under Section 51.180.
(5) "Survey report" means a written report of a survey conducted
by a licensed state land surveyor or a county surveyor of the
county in which a majority of the land claimed to be vacant is
located.
(6) "Vacancy" means an area of unsurveyed public school land
that:
(A) is not in conflict on the ground with land previously
titled, awarded, or sold;
(B) has not been listed on the records of the land office as
public school land; and
(C) was not, on the application commencement date:
(i) subject to an earlier subsisting application;
(ii) subject to a vacancy application denied with prejudice;
(iii) the subject of pending litigation relating to state
ownership or possession of the land; or
(iv) subject to a previous vacancy application that has been
finally adjudicated by the commissioner or a court of this state
or the United States.
(7) "Vacancy application" means a form submitted to the
commissioner by an applicant to:
(A) initiate a determination by the commissioner whether land
claimed to be vacant is vacant;
(B) purchase vacant land; or
(C) lease vacant land.
(7) "Vacancy application" means a form submitted to the
commissioner by an applicant to:
(A) initiate a determination by the commissioner whether land
claimed to be vacant is vacant; and
(B) purchase or lease vacant land.
Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
874, Sec. 1, eff. June 17, 2005.
Acts 2009, 81st Leg., R.S., Ch.
1175, Sec. 25, eff. June 19, 2009.
Sec. 51.173. DISPOSITION OF VACANT LAND. (a) Vacant and
unsurveyed public school land shall be located, sold, and leased
under this subchapter, except:
(1) submerged lands within tidewater limits;
(2) all islands, flats, and emergent lands within tidewater
limits;
(3) natural lakes; and
(4) riverbeds, including channels and islands in riverbeds,
above tidewater limits.
(b) This subchapter does not alter or diminish the public domain
status of the surface estate of riverbeds and channels and
islands in riverbeds that are located above tidewater limits.
Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
874, Sec. 1, eff. June 17, 2005.
Sec. 51.174. GENERAL POWERS AND DUTIES OF COMMISSIONER. (a)
The commissioner may:
(1) delegate responsibility for implementing this subchapter;
(2) perform any other act necessary to administer and implement
the purposes of this subchapter, including entering into a
contract with a private party to provide the notices required
under this subchapter; and
(3) terminate without prejudice a vacancy application if an
applicant fails to comply with this subchapter or a rule adopted
under this subchapter.
(b) The commissioner may grant an extension of time to comply
with a requirement under this subchapter. For each application,
the commissioner may grant not more than a total of 30 days in
extensions of time to comply with one or more requirements of
this subchapter, excluding any extensions of time related to the
survey report under this subchapter. The commissioner may grant
not more than 90 days in extensions of time to comply with a
requirement related to the survey report under this subchapter.
(c) The commissioner shall adopt rules necessary and convenient
to administer this subchapter.
(d) The commissioner shall advise the board relating to the
market value of the surface, mineral, and leasehold estates of
vacant land.
Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 280, Sec. 24, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
874, Sec. 1, eff. June 17, 2005.
Sec. 51.175. GENERAL POWERS AND DUTIES OF BOARD. (a) The board
shall set the terms and conditions for each sale and lease of a
vacancy.
(b) The board shall adopt rules governing the terms and
conditions for the sale and lease of a vacancy. The rules shall
be adopted and amended as necessary to be consistent with real
property law of this state and other applicable law.
(c) The board may adopt rules governing mineral classification,
royalty reservations, and awards of royalty reservations and
preferential rights to an applicant or to a good-faith claimant
in addition to the provisions prescribed by this subchapter.
Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 280, Sec. 25, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
874, Sec. 1, eff. June 17, 2005.
Sec. 51.176. VACANCY APPLICATION; FILING. (a) To purchase or
lease land claimed to be vacant, a person must file a vacancy
application on a form prescribed by the commissioner. A
completed application must include:
(1) a description of the land claimed to be vacant that is
sufficient to locate the land on the ground;
(2) a written statement indicating whether the applicant seeks
to purchase the land claimed to be vacant or obtain a mineral
lease on the land or both purchase the land and obtain a mineral
lease on the land;
(3) a list, in a format prescribed by the commissioner,
containing the name and last known mailing address of each
necessary party whose name appears in the records described by
Section 51.172(4)(C);
(4) an affidavit executed by the applicant affirming that the
applicant conducted a diligent search of all the records
described by Section 51.172(4)(C) in preparing the list required
by Subdivision (3);
(5) if applicable, a statement of the basis for and documentary
proof for an assertion of good-faith-claimant status;
(6) at the applicant's discretion:
(A) a survey report, including:
(i) the field notes describing the land and the lines and
corners surveyed; and
(ii) a plat depicting the results of the survey; or
(B) an abstract of title to any land that adjoins the land
claimed to be vacant; and
(7) any other information required by the commissioner.
(b) 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 claimed to be vacant is located.
(c) 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.
(d) 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 claimed to be vacant is located if
that county has a county surveyor.
(e) Priority among vacancy applications covering the same land
claimed 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.
(f) 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 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.
(g) The applicant shall include a filing fee set by the
commissioner in an amount of not less than $100.
Amended by Acts 2001, 77th Leg., ch. 1418, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
874, Sec. 1, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch.
682, Sec. 1, eff. September 1, 2007.
Sec. 51.177. PROCESSING VACANCY APPLICATION. (a) Not later
than the 45th day after the date the applicant files the
duplicate copies with the commissioner as provided by Section
51.176(f), the commissioner shall:
(1) determine whether the vacancy application is
administratively complete; and
(2) provide to the applicant the notice required by this
section.
(a) Not later than the 45th day after the date the commissioner
accepts the duplicate copies as properly filed by the applicant
as provided by Section 51.176(f), the commissioner shall:
(1) determine whether the vacancy application is
administratively complete; and
(2) provide to the applicant the notice required by this
section.
(b) If the commissioner determines that the vacancy application
is administratively complete, the commissioner shall provide
written notice to the applicant that:
(1) informs the applicant that the application is
administratively complete;
(2) states the application commencement date; and
(3) states the amount of any deposit required under Section
51.178 and the date by which the applicant must pay the deposit.
(c) If the commissioner determines that the vacancy application
is not administratively complete, the commissioner shall provide
written notice to the applicant that:
(1) informs the applicant that the application is not
administratively complete;
(2) provides a list of any deficiencies the applicant must
resolve; and
(3) states a reasonable period of not more than 30 days from the
date of the notice to resolve any listed deficiencies.
(d) Not later than the 30th day after the date provided under
Subsection (c)(3) to resolve any deficiencies