State Codes and Statutes
Statutes > Texas > Natural-resources-code > Title-2-public-domain > Chapter-34-boards-for-lease
NATURAL RESOURCES CODE
TITLE 2. PUBLIC DOMAIN
SUBTITLE C. ADMINISTRATION
CHAPTER 34. BOARDS FOR LEASE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 34.001. DEFINITIONS. In this chapter:
(1) "Board" means a board for lease.
(2) "Commissioner" means the Commissioner of the General Land
Office.
(3) "Land office" means the General Land Office.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.002. APPLICATION OF CHAPTER. (a) The provisions of
this chapter apply to:
(1) land owned by the Texas Parks and Wildlife Department;
(2) land owned by the Texas Department of Criminal Justice.
(b) If title to land subject to the provisions of the
Relinquishment Act is acquired by the Texas Parks and Wildlife
Department or the Texas Department of Criminal Justice, the land
is not subject to lease by a board created under the provisions
of this chapter but shall be leased in the manner provided for
the leasing of unsold public school land.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 2572, ch. 686,
Sec. 1, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 327, Sec.
1, eff. June 8, 1985; Acts 1985, 69th Leg., ch. 624, Sec. 25,
eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 167, Sec. 6.05(d),
eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.131, eff. September 1, 2009.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 34.011. BOARDS FOR LEASE. Boards for lease are created to
lease land owned by the Texas Parks and Wildlife Department and
the Texas Department of Criminal Justice.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 26,
eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.132, eff. September 1, 2009.
Sec. 34.012. TITLE OF BOARD. The title of each board shall be
selected by each board for lease at its first meeting.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.013. MEMBERS OF BOARD. (a) The membership of each
board shall include:
(1) the commissioner;
(2) one citizen of the state appointed by the governor with the
advice and consent of the senate; and
(3) the president or chairman of the board or agency or head of
the department charged with the responsibility of management or
control of land owned by or held in trust for the use and benefit
of the department, agency, or board.
(b) The appointed member serves for a term of two years.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.0131. APPOINTMENTS WITHOUT DISCRIMINATION. Appointments
to the board shall be made without regard to the race, color,
handicap, sex, religion, age, or national origin of the
appointees.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985.
Sec. 34.0132. DISQUALIFICATION OF LOBBYISTS. A person who is
required to register as a lobbyist under Chapter 305 of the
Government Code, by virtue of his activities for compensation in
or on behalf of a profession related to the operation of the
board, may not serve as a member of the board or act as the
general counsel to the board.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.19(21),
eff. Sept. 1, 1987.
Sec. 34.0133. CONFLICTS OF INTEREST PROHIBITED. An officer,
employee, or paid consultant of a statewide or national trade
association in the oil and gas or mining industry may not be a
member or employee of the board, nor may a person who cohabits
with or is the spouse of an officer, managerial employee, or paid
consultant of a statewide or national trade association in the
oil and gas or mining industry be a member of the board or an
employee of the board grade 17 and over, including exempt
employees, according to the position classification schedule
under the General Appropriations Act.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985.
Sec. 34.0134. REMOVAL OF BOARD MEMBER. (a) It is a ground for
removal from the board if a member:
(1) does not have at the time of appointment the qualifications
required by Subsection (a) of Section 34.013 of this code for
appointment to the board;
(2) does not maintain during the service on the board the
qualifications required by Subsection (a) of Section 34.013 of
this code for appointment to the board;
(3) violates a prohibition established by Section 34.0132 or
34.0133 of this code;
(4) is unable to discharge his duties for a substantial portion
of the term for which he was appointed because of illness or
disability; or
(5) is absent from more than one-half of the regularly scheduled
board meetings which the member is eligible to attend during each
calendar year, except when the absence is excused by majority
vote of the board.
(b) The validity of an action of the board is not affected by
the fact that it was taken when a ground for removal of a member
of the board existed.
(c) If the commissioner has knowledge that a potential ground
for removal exists, he shall notify the governor that a potential
ground for removal exists.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985.
Sec. 34.0135. POLICIES ON PUBLIC HEARINGS. The board shall
develop and implement policies that will provide the public with
a reasonable opportunity to appear before the board and to speak
on any issue under the jurisdiction of the board.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985.
Sec. 34.014. OFFICERS OF BOARD. (a) The commissioner is the
chairman of the board.
(b) Each board shall select a secretary who shall be nominated
by the commissioner and approved by a majority of the board.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.015. QUORUM. A majority of a board constitutes a quorum
for the transaction of business.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.016. RECORDS OF BOARD. A board shall keep a complete
record of all of its proceedings.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.017. SPECIAL MINERAL FUNDS. Special funds are created
in the State Treasury to be known as the "(appropriate
department, board, or agency) special mineral fund."
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.018. DEPOSIT OF RECEIPTS. Amounts received under the
provisions of this chapter shall be deposited in the State
Treasury to the credit of the appropriate special account, with
the exception that all money received under the provisions of
this chapter enuring to the benefit of the Parks and Wildlife
Department from land held by the department for game and fish
conservation, protection, and management purposes shall be
deposited in the State Treasury to the credit of the game, fish,
and water safety account, and all money received under the
provisions of this chapter enuring to the benefit of the Parks
and Wildlife Department from park, recreation, and historic land
shall be deposited in the State Treasury to the credit of the
state parks account.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 62,
eff. Sept. 1, 1993.
Sec. 34.019. EXPENDITURES. (a) The expenses of executing the
provisions of this chapter shall be paid by warrants drawn by the
comptroller on the State Treasury against the income from the
special funds accumulated from leases, rentals, royalties, and
other payments.
(b) The amounts received under the provisions of this chapter
and deposited to the credit of a special fund shall be used
exclusively for the benefit of the appropriate department, board,
or agency.
(c) No money may be spent from the special funds except by
legislative appropriation and for the purposes and in the amount
stated in the Act appropriating it.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.0191. FINANCIAL REPORT REQUIRED. The board shall
prepare annually a complete and detailed written report
accounting for all funds received and disbursed by the board
during the preceding year.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985.
Sec. 34.0192. AUDIT. The financial transactions of the board
are subject to audit by the state auditor in accordance with
Chapter 321, Government Code.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 7, eff.
Sept. 1, 1989.
Sec. 34.020. FILING IN GENERAL LAND OFFICE. All surveys, files,
records, abstracts of title, copies of sale and lease contracts,
and all other records pertaining to sales and leases authorized
under the provisions of this chapter shall be filed in the land
office and constitute archives.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 34.051. LAND SUBJECT TO LEASE. Land owned by or held in
trust for the use and benefit of either agency may be leased by
the appropriate board to any person under the provisions of this
chapter for the purpose of prospecting or exploring for and
mining, producing, storing, caring for, transporting, preserving,
selling, and disposing of the oil, gas, or other minerals.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 28,
eff. Sept. 1, 1985.
Sec. 34.052. SUBDIVISION OF LAND. A board may have the land
subject to its control surveyed or subdivided into tracts, lots,
or blocks which will, in its judgment, be most conducive and
convenient to facilitate the advantageous sale of oil, gas, or
mineral leases.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.053. MAPS AND PLATS. A board may make maps and plats it
considers necessary to carry out the purposes of this chapter.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.054. ABSTRACTS OF TITLE. A board may obtain authentic
abstracts of title to the land subject to its control that it
considers necessary and may take the necessary steps to perfect a
marketable title to the land.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.055. GEOLOGICAL SURVEYS AND INVESTIGATIONS. A board may
issue a permit for geological, geophysical, and other surveys and
investigations on land subject to lease by the board that is not
under valid and existing leases and that will encourage the
development of the land for oil, gas, or other minerals. A permit
may be issued for a consideration and under terms and conditions
which the board considers to be in the best interest of the
state.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.056. PLACING LEASE ON MARKET. If a board determines
there is a demand for the purchase of oil, gas, or mineral leases
on a lot or tract of land subject to the control of the board
which will reasonably insure an advantageous sale, the board
shall place the oil, gas, or mineral leases on the market in the
tract or tracts which the board may designate.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.057. LEASE PROVISIONS. (a) Leases shall be advertised
and sold in the same manner and shall contain the same terms and
conditions as leases issued by the School Land Board under
Chapter 32 of this code.
(b) A board may place any other terms and conditions in the
lease it determines to be in the best interest of the state.
(c) The special sales fee provided for in Section 32.110 of this
code shall be collected on leases issued under this chapter.
(d) The provisions of Chapter 32 of this code relating to
payment of royalty, penalties and interest on delinquent
payments, assignments, releases, and forfeiture shall apply to
leases issued under this chapter.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 29,
eff. Sept. 1, 1985.
Sec. 34.064. EASEMENTS. (a) A board may grant easements of
rights-of-way on the land covered by the provisions of this
chapter.
(b) The easements may be granted on terms and conditions the
board considers to be in the best interest of the state.
(c) The provisions of this section do not apply to land owned by
the state as a part of the penitentiary system and do not repeal
Chapter 166, General Laws, Acts of the 42nd Legislature, Regular
Session, 1931, as amended (Article 6203d, Vernon's Texas Civil
Statutes).
Acts 1977, 65th Leg., p. 2397, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 30,
eff. Sept. 1, 1985.
Sec. 34.065. RULES. A board may adopt rules and collect fees
necessary for the implementation of this chapter.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 31, eff. Sept. 1,
1985.
State Codes and Statutes
Statutes > Texas > Natural-resources-code > Title-2-public-domain > Chapter-34-boards-for-lease
NATURAL RESOURCES CODE
TITLE 2. PUBLIC DOMAIN
SUBTITLE C. ADMINISTRATION
CHAPTER 34. BOARDS FOR LEASE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 34.001. DEFINITIONS. In this chapter:
(1) "Board" means a board for lease.
(2) "Commissioner" means the Commissioner of the General Land
Office.
(3) "Land office" means the General Land Office.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.002. APPLICATION OF CHAPTER. (a) The provisions of
this chapter apply to:
(1) land owned by the Texas Parks and Wildlife Department;
(2) land owned by the Texas Department of Criminal Justice.
(b) If title to land subject to the provisions of the
Relinquishment Act is acquired by the Texas Parks and Wildlife
Department or the Texas Department of Criminal Justice, the land
is not subject to lease by a board created under the provisions
of this chapter but shall be leased in the manner provided for
the leasing of unsold public school land.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 2572, ch. 686,
Sec. 1, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 327, Sec.
1, eff. June 8, 1985; Acts 1985, 69th Leg., ch. 624, Sec. 25,
eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 167, Sec. 6.05(d),
eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.131, eff. September 1, 2009.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 34.011. BOARDS FOR LEASE. Boards for lease are created to
lease land owned by the Texas Parks and Wildlife Department and
the Texas Department of Criminal Justice.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 26,
eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.132, eff. September 1, 2009.
Sec. 34.012. TITLE OF BOARD. The title of each board shall be
selected by each board for lease at its first meeting.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.013. MEMBERS OF BOARD. (a) The membership of each
board shall include:
(1) the commissioner;
(2) one citizen of the state appointed by the governor with the
advice and consent of the senate; and
(3) the president or chairman of the board or agency or head of
the department charged with the responsibility of management or
control of land owned by or held in trust for the use and benefit
of the department, agency, or board.
(b) The appointed member serves for a term of two years.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.0131. APPOINTMENTS WITHOUT DISCRIMINATION. Appointments
to the board shall be made without regard to the race, color,
handicap, sex, religion, age, or national origin of the
appointees.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985.
Sec. 34.0132. DISQUALIFICATION OF LOBBYISTS. A person who is
required to register as a lobbyist under Chapter 305 of the
Government Code, by virtue of his activities for compensation in
or on behalf of a profession related to the operation of the
board, may not serve as a member of the board or act as the
general counsel to the board.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.19(21),
eff. Sept. 1, 1987.
Sec. 34.0133. CONFLICTS OF INTEREST PROHIBITED. An officer,
employee, or paid consultant of a statewide or national trade
association in the oil and gas or mining industry may not be a
member or employee of the board, nor may a person who cohabits
with or is the spouse of an officer, managerial employee, or paid
consultant of a statewide or national trade association in the
oil and gas or mining industry be a member of the board or an
employee of the board grade 17 and over, including exempt
employees, according to the position classification schedule
under the General Appropriations Act.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985.
Sec. 34.0134. REMOVAL OF BOARD MEMBER. (a) It is a ground for
removal from the board if a member:
(1) does not have at the time of appointment the qualifications
required by Subsection (a) of Section 34.013 of this code for
appointment to the board;
(2) does not maintain during the service on the board the
qualifications required by Subsection (a) of Section 34.013 of
this code for appointment to the board;
(3) violates a prohibition established by Section 34.0132 or
34.0133 of this code;
(4) is unable to discharge his duties for a substantial portion
of the term for which he was appointed because of illness or
disability; or
(5) is absent from more than one-half of the regularly scheduled
board meetings which the member is eligible to attend during each
calendar year, except when the absence is excused by majority
vote of the board.
(b) The validity of an action of the board is not affected by
the fact that it was taken when a ground for removal of a member
of the board existed.
(c) If the commissioner has knowledge that a potential ground
for removal exists, he shall notify the governor that a potential
ground for removal exists.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985.
Sec. 34.0135. POLICIES ON PUBLIC HEARINGS. The board shall
develop and implement policies that will provide the public with
a reasonable opportunity to appear before the board and to speak
on any issue under the jurisdiction of the board.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985.
Sec. 34.014. OFFICERS OF BOARD. (a) The commissioner is the
chairman of the board.
(b) Each board shall select a secretary who shall be nominated
by the commissioner and approved by a majority of the board.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.015. QUORUM. A majority of a board constitutes a quorum
for the transaction of business.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.016. RECORDS OF BOARD. A board shall keep a complete
record of all of its proceedings.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.017. SPECIAL MINERAL FUNDS. Special funds are created
in the State Treasury to be known as the "(appropriate
department, board, or agency) special mineral fund."
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.018. DEPOSIT OF RECEIPTS. Amounts received under the
provisions of this chapter shall be deposited in the State
Treasury to the credit of the appropriate special account, with
the exception that all money received under the provisions of
this chapter enuring to the benefit of the Parks and Wildlife
Department from land held by the department for game and fish
conservation, protection, and management purposes shall be
deposited in the State Treasury to the credit of the game, fish,
and water safety account, and all money received under the
provisions of this chapter enuring to the benefit of the Parks
and Wildlife Department from park, recreation, and historic land
shall be deposited in the State Treasury to the credit of the
state parks account.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 62,
eff. Sept. 1, 1993.
Sec. 34.019. EXPENDITURES. (a) The expenses of executing the
provisions of this chapter shall be paid by warrants drawn by the
comptroller on the State Treasury against the income from the
special funds accumulated from leases, rentals, royalties, and
other payments.
(b) The amounts received under the provisions of this chapter
and deposited to the credit of a special fund shall be used
exclusively for the benefit of the appropriate department, board,
or agency.
(c) No money may be spent from the special funds except by
legislative appropriation and for the purposes and in the amount
stated in the Act appropriating it.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.0191. FINANCIAL REPORT REQUIRED. The board shall
prepare annually a complete and detailed written report
accounting for all funds received and disbursed by the board
during the preceding year.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985.
Sec. 34.0192. AUDIT. The financial transactions of the board
are subject to audit by the state auditor in accordance with
Chapter 321, Government Code.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 7, eff.
Sept. 1, 1989.
Sec. 34.020. FILING IN GENERAL LAND OFFICE. All surveys, files,
records, abstracts of title, copies of sale and lease contracts,
and all other records pertaining to sales and leases authorized
under the provisions of this chapter shall be filed in the land
office and constitute archives.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 34.051. LAND SUBJECT TO LEASE. Land owned by or held in
trust for the use and benefit of either agency may be leased by
the appropriate board to any person under the provisions of this
chapter for the purpose of prospecting or exploring for and
mining, producing, storing, caring for, transporting, preserving,
selling, and disposing of the oil, gas, or other minerals.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 28,
eff. Sept. 1, 1985.
Sec. 34.052. SUBDIVISION OF LAND. A board may have the land
subject to its control surveyed or subdivided into tracts, lots,
or blocks which will, in its judgment, be most conducive and
convenient to facilitate the advantageous sale of oil, gas, or
mineral leases.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.053. MAPS AND PLATS. A board may make maps and plats it
considers necessary to carry out the purposes of this chapter.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.054. ABSTRACTS OF TITLE. A board may obtain authentic
abstracts of title to the land subject to its control that it
considers necessary and may take the necessary steps to perfect a
marketable title to the land.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.055. GEOLOGICAL SURVEYS AND INVESTIGATIONS. A board may
issue a permit for geological, geophysical, and other surveys and
investigations on land subject to lease by the board that is not
under valid and existing leases and that will encourage the
development of the land for oil, gas, or other minerals. A permit
may be issued for a consideration and under terms and conditions
which the board considers to be in the best interest of the
state.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.056. PLACING LEASE ON MARKET. If a board determines
there is a demand for the purchase of oil, gas, or mineral leases
on a lot or tract of land subject to the control of the board
which will reasonably insure an advantageous sale, the board
shall place the oil, gas, or mineral leases on the market in the
tract or tracts which the board may designate.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.057. LEASE PROVISIONS. (a) Leases shall be advertised
and sold in the same manner and shall contain the same terms and
conditions as leases issued by the School Land Board under
Chapter 32 of this code.
(b) A board may place any other terms and conditions in the
lease it determines to be in the best interest of the state.
(c) The special sales fee provided for in Section 32.110 of this
code shall be collected on leases issued under this chapter.
(d) The provisions of Chapter 32 of this code relating to
payment of royalty, penalties and interest on delinquent
payments, assignments, releases, and forfeiture shall apply to
leases issued under this chapter.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 29,
eff. Sept. 1, 1985.
Sec. 34.064. EASEMENTS. (a) A board may grant easements of
rights-of-way on the land covered by the provisions of this
chapter.
(b) The easements may be granted on terms and conditions the
board considers to be in the best interest of the state.
(c) The provisions of this section do not apply to land owned by
the state as a part of the penitentiary system and do not repeal
Chapter 166, General Laws, Acts of the 42nd Legislature, Regular
Session, 1931, as amended (Article 6203d, Vernon's Texas Civil
Statutes).
Acts 1977, 65th Leg., p. 2397, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 30,
eff. Sept. 1, 1985.
Sec. 34.065. RULES. A board may adopt rules and collect fees
necessary for the implementation of this chapter.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 31, eff. Sept. 1,
1985.
State Codes and Statutes
Statutes >
Texas >
Natural-resources-code >
Title-2-public-domain >
Chapter-34-boards-for-lease NATURAL RESOURCES CODE
TITLE 2. PUBLIC DOMAIN
SUBTITLE C. ADMINISTRATION
CHAPTER 34. BOARDS FOR LEASE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 34.001. DEFINITIONS. In this chapter:
(1) "Board" means a board for lease.
(2) "Commissioner" means the Commissioner of the General Land
Office.
(3) "Land office" means the General Land Office.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.002. APPLICATION OF CHAPTER. (a) The provisions of
this chapter apply to:
(1) land owned by the Texas Parks and Wildlife Department;
(2) land owned by the Texas Department of Criminal Justice.
(b) If title to land subject to the provisions of the
Relinquishment Act is acquired by the Texas Parks and Wildlife
Department or the Texas Department of Criminal Justice, the land
is not subject to lease by a board created under the provisions
of this chapter but shall be leased in the manner provided for
the leasing of unsold public school land.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 2572, ch. 686,
Sec. 1, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 327, Sec.
1, eff. June 8, 1985; Acts 1985, 69th Leg., ch. 624, Sec. 25,
eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 167, Sec. 6.05(d),
eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.131, eff. September 1, 2009.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 34.011. BOARDS FOR LEASE. Boards for lease are created to
lease land owned by the Texas Parks and Wildlife Department and
the Texas Department of Criminal Justice.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 26,
eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.132, eff. September 1, 2009.
Sec. 34.012. TITLE OF BOARD. The title of each board shall be
selected by each board for lease at its first meeting.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.013. MEMBERS OF BOARD. (a) The membership of each
board shall include:
(1) the commissioner;
(2) one citizen of the state appointed by the governor with the
advice and consent of the senate; and
(3) the president or chairman of the board or agency or head of
the department charged with the responsibility of management or
control of land owned by or held in trust for the use and benefit
of the department, agency, or board.
(b) The appointed member serves for a term of two years.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.0131. APPOINTMENTS WITHOUT DISCRIMINATION. Appointments
to the board shall be made without regard to the race, color,
handicap, sex, religion, age, or national origin of the
appointees.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985.
Sec. 34.0132. DISQUALIFICATION OF LOBBYISTS. A person who is
required to register as a lobbyist under Chapter 305 of the
Government Code, by virtue of his activities for compensation in
or on behalf of a profession related to the operation of the
board, may not serve as a member of the board or act as the
general counsel to the board.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.19(21),
eff. Sept. 1, 1987.
Sec. 34.0133. CONFLICTS OF INTEREST PROHIBITED. An officer,
employee, or paid consultant of a statewide or national trade
association in the oil and gas or mining industry may not be a
member or employee of the board, nor may a person who cohabits
with or is the spouse of an officer, managerial employee, or paid
consultant of a statewide or national trade association in the
oil and gas or mining industry be a member of the board or an
employee of the board grade 17 and over, including exempt
employees, according to the position classification schedule
under the General Appropriations Act.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985.
Sec. 34.0134. REMOVAL OF BOARD MEMBER. (a) It is a ground for
removal from the board if a member:
(1) does not have at the time of appointment the qualifications
required by Subsection (a) of Section 34.013 of this code for
appointment to the board;
(2) does not maintain during the service on the board the
qualifications required by Subsection (a) of Section 34.013 of
this code for appointment to the board;
(3) violates a prohibition established by Section 34.0132 or
34.0133 of this code;
(4) is unable to discharge his duties for a substantial portion
of the term for which he was appointed because of illness or
disability; or
(5) is absent from more than one-half of the regularly scheduled
board meetings which the member is eligible to attend during each
calendar year, except when the absence is excused by majority
vote of the board.
(b) The validity of an action of the board is not affected by
the fact that it was taken when a ground for removal of a member
of the board existed.
(c) If the commissioner has knowledge that a potential ground
for removal exists, he shall notify the governor that a potential
ground for removal exists.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985.
Sec. 34.0135. POLICIES ON PUBLIC HEARINGS. The board shall
develop and implement policies that will provide the public with
a reasonable opportunity to appear before the board and to speak
on any issue under the jurisdiction of the board.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985.
Sec. 34.014. OFFICERS OF BOARD. (a) The commissioner is the
chairman of the board.
(b) Each board shall select a secretary who shall be nominated
by the commissioner and approved by a majority of the board.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.015. QUORUM. A majority of a board constitutes a quorum
for the transaction of business.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.016. RECORDS OF BOARD. A board shall keep a complete
record of all of its proceedings.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.017. SPECIAL MINERAL FUNDS. Special funds are created
in the State Treasury to be known as the "(appropriate
department, board, or agency) special mineral fund."
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.018. DEPOSIT OF RECEIPTS. Amounts received under the
provisions of this chapter shall be deposited in the State
Treasury to the credit of the appropriate special account, with
the exception that all money received under the provisions of
this chapter enuring to the benefit of the Parks and Wildlife
Department from land held by the department for game and fish
conservation, protection, and management purposes shall be
deposited in the State Treasury to the credit of the game, fish,
and water safety account, and all money received under the
provisions of this chapter enuring to the benefit of the Parks
and Wildlife Department from park, recreation, and historic land
shall be deposited in the State Treasury to the credit of the
state parks account.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 62,
eff. Sept. 1, 1993.
Sec. 34.019. EXPENDITURES. (a) The expenses of executing the
provisions of this chapter shall be paid by warrants drawn by the
comptroller on the State Treasury against the income from the
special funds accumulated from leases, rentals, royalties, and
other payments.
(b) The amounts received under the provisions of this chapter
and deposited to the credit of a special fund shall be used
exclusively for the benefit of the appropriate department, board,
or agency.
(c) No money may be spent from the special funds except by
legislative appropriation and for the purposes and in the amount
stated in the Act appropriating it.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.0191. FINANCIAL REPORT REQUIRED. The board shall
prepare annually a complete and detailed written report
accounting for all funds received and disbursed by the board
during the preceding year.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985.
Sec. 34.0192. AUDIT. The financial transactions of the board
are subject to audit by the state auditor in accordance with
Chapter 321, Government Code.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1,
1985. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 7, eff.
Sept. 1, 1989.
Sec. 34.020. FILING IN GENERAL LAND OFFICE. All surveys, files,
records, abstracts of title, copies of sale and lease contracts,
and all other records pertaining to sales and leases authorized
under the provisions of this chapter shall be filed in the land
office and constitute archives.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 34.051. LAND SUBJECT TO LEASE. Land owned by or held in
trust for the use and benefit of either agency may be leased by
the appropriate board to any person under the provisions of this
chapter for the purpose of prospecting or exploring for and
mining, producing, storing, caring for, transporting, preserving,
selling, and disposing of the oil, gas, or other minerals.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 28,
eff. Sept. 1, 1985.
Sec. 34.052. SUBDIVISION OF LAND. A board may have the land
subject to its control surveyed or subdivided into tracts, lots,
or blocks which will, in its judgment, be most conducive and
convenient to facilitate the advantageous sale of oil, gas, or
mineral leases.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.053. MAPS AND PLATS. A board may make maps and plats it
considers necessary to carry out the purposes of this chapter.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.054. ABSTRACTS OF TITLE. A board may obtain authentic
abstracts of title to the land subject to its control that it
considers necessary and may take the necessary steps to perfect a
marketable title to the land.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.055. GEOLOGICAL SURVEYS AND INVESTIGATIONS. A board may
issue a permit for geological, geophysical, and other surveys and
investigations on land subject to lease by the board that is not
under valid and existing leases and that will encourage the
development of the land for oil, gas, or other minerals. A permit
may be issued for a consideration and under terms and conditions
which the board considers to be in the best interest of the
state.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.056. PLACING LEASE ON MARKET. If a board determines
there is a demand for the purchase of oil, gas, or mineral leases
on a lot or tract of land subject to the control of the board
which will reasonably insure an advantageous sale, the board
shall place the oil, gas, or mineral leases on the market in the
tract or tracts which the board may designate.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 34.057. LEASE PROVISIONS. (a) Leases shall be advertised
and sold in the same manner and shall contain the same terms and
conditions as leases issued by the School Land Board under
Chapter 32 of this code.
(b) A board may place any other terms and conditions in the
lease it determines to be in the best interest of the state.
(c) The special sales fee provided for in Section 32.110 of this
code shall be collected on leases issued under this chapter.
(d) The provisions of Chapter 32 of this code relating to
payment of royalty, penalties and interest on delinquent
payments, assignments, releases, and forfeiture shall apply to
leases issued under this chapter.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 29,
eff. Sept. 1, 1985.
Sec. 34.064. EASEMENTS. (a) A board may grant easements of
rights-of-way on the land covered by the provisions of this
chapter.
(b) The easements may be granted on terms and conditions the
board considers to be in the best interest of the state.
(c) The provisions of this section do not apply to land owned by
the state as a part of the penitentiary system and do not repeal
Chapter 166, General Laws, Acts of the 42nd Legislature, Regular
Session, 1931, as amended (Article 6203d, Vernon's Texas Civil
Statutes).
Acts 1977, 65th Leg., p. 2397, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 30,
eff. Sept. 1, 1985.
Sec. 34.065. RULES. A board may adopt rules and collect fees
necessary for the implementation of this chapter.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 31, eff. Sept. 1,
1985.
Loading..
Close Window
Loading, Please Wait!
This may take a second or two.
