Vernon's Texas Civil Statutes

(1) "Professional surveying" means the practice of land, boundary, or property surveying or other similar professional practices. The term includes any service or work the adequate performance of which involves the application of special knowledge of the principles of geodesy, mathematics, related applied and physical sciences, and relevant laws to the measurement or location of sites, points, lines, angles, elevations, natural features, and existing man-made works in the air, on the surface of the earth, within underground workings, and on the beds of bodies of water for the purpose of determining areas and volumes for:

(C) the preparation and perpetuation of maps, record plats, field note records, easements, and real property descriptions that represent those surveys. To the extent these services or types of creative work meet this definition, the term includes consultation, investigation, evaluation, analysis, planning, providing an expert surveying opinion or testimony, and mapping.

(2) "Registered professional land surveyor" means an individual registered as a registered professional land surveyor by the Texas Board of Professional Land Surveying.

(3) "State land surveying" means the science or practice of land measurement according to established and recognized methods engaged in and practiced as a profession or service available to the public for compensation and comprises the determination by means of survey of the location or relocation of original land grant boundaries and corners; the calculation of area and the preparation of field note descriptions of both surveyed and unsurveyed land or any land in which the state or the public free school fund has an interest; the preparation of maps showing such survey results; and the field notes and/or maps of which are to be filed in the General Land Office of the State of Texas.

(4) "Licensed state land surveyor" is a surveyor licensed by the Texas Board of Professional Land Surveying to survey land in which the state or the public free school fund has an interest, or other original surveys, for the purpose of filing field notes in the General Land Office. When acting in this official capacity, such a surveyor is an agent of the State of Texas.

(5) "Board" means the Texas Board of Professional Land Surveying created by this Act.

(6) "Commissioner" means the Commissioner of the General Land Office of the State of Texas.

(7) "Chief clerk" means the chief clerk of the General Land Office of the State of Texas appointed by the commissioner to perform any of the duties of the commissioner if he is sick, is absent, dies, or resigns.

(9) "Land surveyor" means a registered professional land surveyor or licensed state land surveyor.

(10) "Delegated responsible charge" means the direct control of professional land surveying work performed under the supervision of a registered professional land surveyor.

(11) "Practice or offer to practice" means to engage in professional land surveying or by verbal claim, sign, letterhead, card, or in any other way to represent oneself as registered or licensed to perform professional land surveying in this state.

Sec. 3. In order to safeguard the life, health, or property of the public, the practice of professional land or state land surveying in Texas is hereby declared to be subject to regulation in the public interest. It shall be unlawful for any person to practice or offer to practice professional land surveying in this state as defined in this Act or to use in connection with his or her name or otherwise assume or advertise any title or description tending to convey the impression that such person is a professional land surveyor, unless that individual is duly registered or licensed under the provisions of this Act.

Sec. 3A. This Act does not require the use of a registered land surveyor to establish an easement or a construction estimate which does not involve the monumentation, delineation, or preparation of a metes and bounds description.

Sec. 5. The Texas Board of Professional Land Surveying is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this Act expires September 1, 2003.

Sec. 6. (a) The Texas Board of Professional Land Surveying consists of the following 10 members, each of whom shall be a citizen of the United States and a resident of this state:

(b) The chief clerk or a licensed state land surveyor employee of the General Land Office who is designated by the commissioner to serve as director of surveying for the General Land Office shall perform the duties of the commissioner as a member of the board if the commissioner is absent.

(c) The licensed state land surveyor members of the board shall be appointed by the governor upon the recommendation of the commissioner and with the advice and consent of the senate and shall have been actively engaged in the practice of state land surveying for not less than five consecutive years immediately prior to his or her appointment. Such members shall also be registered as registered professional land surveyors.

(d) The registered professional land surveyor members of the board shall be appointed by the governor with the advice and consent of the senate and shall have been actively engaged in the practice of professional land surveying in this state for not less than five years immediately prior to their appointment. The teaching of surveying in a recognized school of engineering or surveying may be regarded as the practice of professional land surveying. Such members may not be licensed as licensed state land surveyors.

(e) The public members of the board shall be appointed by the governor with the advice and consent of the senate. A person is not eligible for appointment as a public member of the board if the person or the person's spouse:

(1) is registered, certified, or licensed by an occupational regulatory agency in the field of surveying;

(2) is employed by or participates in the management of a business entity or other organization regulated by the board or receiving funds from the board;

(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the board or receiving funds from the board; or

(4) uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.

(f) The members of the board, except for the commissioner, shall serve staggered six-year terms or until a successor shall be appointed and qualified, with the terms of one-third of the members, except for the commissioner, expiring on January 31 of each odd-numbered year. Before entering upon the duties of his or her office, each member of the board shall take and subscribe to the constitutional oath of office, and the same shall be filed with the secretary of state. All vacancies occurring in the membership of the board shall be filled by appointment by the governor for the unexpired term of the membership in the manner provided by this Act. All appointments made under this Act shall be made without regard to race, creed, sex, religion, or national origin. A member of the board may be appointed to succeed himself or herself, except that no member shall be eligible to serve more than two consecutive terms.

(a) An officer, employee, or paid consultant of a Texas trade association in the field of surveying may not be a member of the board or an employee of the board who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.

(a) A member or employee of the board may not be at any time during the member's term in office or the employee's term of employment any of the following:

(1) an executive officer, employee, or paid consultant of a trade or professional association in the regulated profession or industry; or

(2) related within the second degree of affinity or consanguinity, as determined under Article 5996h, Revised Statutes, to a person who is an executive officer, employee, or paid consultant of a trade or professional association in the regulated profession or industry.

(b) A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of surveying may not be a board member and may not be a board employee who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.

(c) A person may not serve as a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board. The general counsel and board members may appear and represent the board at committee hearings and other formal meetings of organs of the legislative or executive departments of government.

(d) For the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

Sec. 8. (a) The governor shall designate one member of the board as the chairman of the board to serve in that capacity at the pleasure of the governor. The board shall elect from its number a vice-chairman at the first meeting of the board subsequent to February 10th of each odd-numbered year. An executive director shall be appointed by the board to hold office at the pleasure of the board. The director shall make and file a bond with the comptroller of public accounts in an amount not less than $2,500. The premium for the bond shall be paid out of the "Land Surveying Fund" as provided in this Act. It is the duty of the Texas Board of Professional Land Surveying to hold meetings at least twice each year at such times and places as the board may determine for the purpose of transacting its business and to examine all approved applicants for certification as a surveyor-in-training, registration as a registered professional land surveyor, or licensure as a licensed state land surveyor. Regular and special meetings of the board shall be held at such times as the board may fix and determine. Special meetings of the board may be called by the chairman or in his absence from the state or inability to act by the vice-chairman of the board. A majority of the membership of the board constitutes a quorum.

(1) does not have at the time of appointment the qualifications required by Section 6 of this Act;

(2) does not maintain during service on the board the qualifications required by Section 6 of this Act;

(4) cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or

(5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the board.

(c) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.

(d) If the director has knowledge that a potential ground for removal exists, the director shall notify the chairman of the board of the ground. The chairman shall then notify the governor that a potential ground for removal exists.

(e) The board is subject to the open meetings law, Chapter 271, Acts of the 60th Legislature, Regular Session, 1967 (Article 6252�17, Vernon's Texas Civil Statutes), and the Administrative Procedure and Texas Register Act (Article 6252�13a, Vernon's Texas Civil Statutes).

Sec. 9. (a) The board shall have the authority and power to make and enforce all reasonable and necessary rules, regulations, and bylaws not inconsistent with the Texas Constitution, the laws of this state, and this Act for the performance of its duties in administering this Act and for the purpose of establishing standards of conduct and ethics for surveyors registered or licensed under this Act. The board by rule shall prescribe the minimum standards for professional surveying. The board by rule shall prescribe standards for compliance with Subchapter A, Chapter 2254, Government Code, but may not otherwise adopt rules restricting competitive bidding or advertising by a person regulated by the board except to prohibit false, misleading, or deceptive practices by the person. The board may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that:

(2) restricts the person's personal appearance or use of the person's voice in an advertisement;

(b) In addition to any other action, proceeding, or remedy authorized by law, the Texas Board of Professional Land Surveying has the right to institute an action in its own name in a district court of Travis County against any person, firm or corporation, partnership, or any other group or combination of persons to enjoin a violation of any provision of this Act or any rule or regulation of the board. The attorney general or his assistants shall act as legal advisor to the board and render such legal assistance as shall be necessary.

(c) Each year the board shall send a copy of this Act and a copy of all rules adopted by the board under this Act to each surveyor registered or licensed under this Act.

(d) A roster showing the names and places of business of all surveyors licensed or registered under this Act, the rules and regulations promulgated by the board, and a copy of this Act shall be published annually by the board at a time determined by the board. The board shall charge a fee to compensate for reproduction and mailing costs to any person who requests a copy of the roster. The board shall set the fee in an amount reasonable and necessary to cover those costs.

(e) The board may adopt rules and regulations creating and providing for the administration of a staggered renewal program for all certificates of registration and licensure issued by it beginning in 1981.

(f) The board shall prepare information of public interest describing the functions of the board and the board's procedures by which complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies.

(g) The board shall provide to its members and employees, as often as necessary, information regarding their qualifications for office or employment under this Act and their responsibilities under applicable laws relating to standards of conduct for state officers or employees. The board shall employ an executive director to conduct the administrative affairs of the board under the board's direction. The board shall also employ or retain such other persons as are necessary for the proper performance of its work under this Act, including services of an investigative nature, and may make expenditures for this purpose. The board shall develop and implement policies that clearly define the respective responsibilities of the board and the staff of the board. The board is authorized to accept at no cost to the board such services from private sources. The compensation paid under this Act shall not be in excess of compensation paid for similar work in other state departments.

(h) The board shall arrange for such suitable office space and equipment as it may deem necessary, and the rental for such office space and the cost of such equipment shall be considered administration expenses.

(i) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

Sec. 10. Members of the board, other than the commissioner, are entitled to the amount set by the legislature as a per diem allowance for each day they are actually engaged in official board duties, including time spent in necessary travel, together with all legitimate expenses incurred in the performance of their duties. All per diem and expenses incurred under this Act shall be paid from the "Land Surveying Fund" as provided in this Act.

Sec. 11. The board shall keep a record of its proceedings, which is open to public inspection at all reasonable times, and which includes a record of all money received and expended by the board and a register of all applicants for registration or licensure, showing the following:

(7) the date and number of all certificates of registration or licensure issued; and

Sec. 11A. (a) The director or the director's designee shall develop an intraagency career ladder program. The program shall require intraagency postings of all nonentry level positions concurrently with any public posting.

(b) The director or the director's designee shall develop a system of annual performance evaluations. All merit pay for board employees must be based on the system established under this subsection.

(c) The director or the director's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, handicap, sex, religion, age, or national origin. The policy statement must include:

(1) personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel;

(2) a comprehensive analysis of the board work force that meets federal and state guidelines;

(3) procedures by which a determination can be made of significant underutilization in the board work force of all persons for whom federal or state guidelines encourage a more equitable balance; and

(4) reasonable methods to address appropriately those areas of significant underutilization.

(d) A policy statement prepared under Subsection (c) of this section must cover an annual period, be updated at least annually, and be filed with the governor's office.

(e) The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (d) of this section. The report may be made separately or as a part of other biennial reports made to the legislature.

Sec. 12. Repealed by Acts 1989, 71st Leg., ch. 1091, � 31, eff. Sept. 1, 1989.

Sec. 13. The director of the board shall receive and account for all fees received under the provisions of this Act and shall deposit these funds in the State Treasury to the credit of a special fund to be known as the "Land Surveying Fund." This fund shall be paid out only by warrants of the comptroller of public accounts upon itemized vouchers approved by the director of the board. Under no circumstances shall the total amount of warrants issued by the comptroller of public accounts in payment of the expenses and compensation provided for in this Act exceed the amount in the Land Surveying Fund. All payments to persons retained or employed by the board or to members of the board and all per diem and expenses incurred under this Act shall be paid out of the Land Surveying Fund provided herein, and no part of the expense of administering this Act shall ever be a charge against the general funds of the State of Texas. The board shall as of August 31 of each year after the passage of this Act make a report to the governor, lieutenant governor, and speaker of the house of representatives for all receipts and disbursements under this Act. The financial transactions of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

Sec. 14. Repealed by Acts 1989, 71st Leg., ch. 1091, � 31, eff. Sept. 1, 1989.

Sec. 15. (a) A person may not engage or continue in the practice of professional land surveying as defined in this Act, unless the person is certified, registered, or licensed as provided by this Act.

(b) The following classes of persons are qualified for registration or licensure:

(1) all individuals who apply, are approved to take, and successfully pass the required sections of the written examination developed and given as provided by this Act under rules developed by the board to determine the knowledge and ability of the applicant shall be qualified for registration as a registered professional land surveyor; and

(2) all registered professional land surveyors who apply, are approved to take, and successfully pass the appropriate sections of the written examination as provided by this Act under rules developed by the board on the theory of surveying, the law of land boundaries, the history and functions of the General Land Office, and such other matters pertaining to surveying as the board may determine shall be qualified for licensure as a licensed state land surveyor.

(c) An applicant who applies for registration as a registered professional land surveyor on or before January 1, 2003, must:

(2) have at least two years of experience as a surveyor-in-training of a character satisfactory to the board in the performance of surveying in delegated responsible charge as a subordinate to a surveyor registered or licensed to engage in the practice of surveying in this state or another state whose requirements for registration or licensure are equivalent to those of this state.

(d) In addition to compliance with the requirements imposed under Subsection (c) of this section, an applicant who applies for registration as a registered professional land surveyor after January 1, 2003, must hold an earned bachelor's degree conferred by an accredited institution of higher education and including at least 32 semester hours of study, in any combination of courses acceptable to the board, in civil engineering, land surveying, mathematics, photogrammetry, forestry, land law, or the physical sciences.

(1) have an earned bachelor of science degree in surveying conferred by an accredited institution of higher education;

(2) have an earned bachelor's degree conferred by an accredited institution of higher education and including at least 32 semester hours, in any combination of courses acceptable to the board, in civil engineering, land surveying, mathematics, photogrammetry, forestry, land law, or the physical sciences, and have at least one year of experience acceptable to the board in delegated responsible charge as a subordinate to a registered professional land surveyor actively engaged in the practice of professional land surveying;

(3) have an earned associate degree in surveying conferred by an accredited institution of higher education and have at least two years of experience acceptable to the board in delegated responsible charge as a subordinate to a registered professional land surveyor actively engaged in the practice of professional land surveying;

(4) have successfully completed a course of instruction composed of 32 semester hours in land surveying or the equivalent number of semester hours in board-approved courses related to surveying and have at least two years of experience acceptable to the board in delegated responsible charge as a subordinate to a registered professional land surveyor actively engaged in the practice of professional land surveying; or

(5) have graduated from an accredited high school, have at least four years of experience acceptable to the board in delegated responsible charge as a subordinate to a registered professional land surveyor actively engaged in the practice of professional land surveying, and present evidence satisfactory to the board that the applicant is self-educated in professional land surveying.

(f) On proof of qualification as provided by Subsection (e) of this section, the board shall allow a surveyor-in-training applicant to take parts of the examination, the contents of which shall be determined or approved by the board. The board shall issue each applicant who successfully passes those parts of the examination a surveyor-in-training certificate that is valid until the earlier of the expiration of six years or the date the applicant becomes registered as a registered professional land surveyor.

Sec. 16. (a) Each applicant seeking certification as a surveyor-in-training, registration as a registered professional land surveyor, or licensure as a licensed state land surveyor shall file an application in writing with the Texas Board of Professional Land Surveying. An application fee in an amount determined by the board shall be submitted with the application. If the board determines that the applicant is qualified to take the appropriate section of the examination, it shall set and notify the applicant of the section of the examination that the applicant is approved to take and the time and place of the examination. The applicant may take the section of the examination that the applicant is approved to take on payment of an examination fee in an amount determined by the board.

(b) Applications for certification, registration, or licensure shall be on forms prescribed and furnished by the board and shall contain statements made under oath showing the applicant's education and experience. Each application shall contain a detailed summary of the applicant's education and experience, with references of at least three registered professional land surveyors having personal knowledge of the applicant's surveying experience.

(c) The scope of the examination and the methods of procedure shall be prescribed by the board with special reference to the applicant's ability in order to insure the public safety, welfare, and property rights.

(d) The board shall notify each examinee of the results of the examination not later than the 30th day after the date on which the board receives notification of all examination results. If requested in writing by a person who fails a licensing examination administered under this Act, the board shall furnish the person with an analysis of the person's performance on the examination in a summary form that does not compromise the integrity of the examination.

(e) An applicant who fails an examination may apply to take a subsequent examination not earlier than six months from the date of the failed examination by filing an updated application and paying an additional examination fee not to exceed $100.

(f) On passing the appropriate section of the examination, the applicant is entitled to certification as a surveyor-in-training, registration as a registered professional land surveyor, or licensure as a licensed state land surveyor. A certificate of licensure as a licensed state land surveyor may not be issued until the applicant has taken the oath of office as required by this Act. Each registered professional land surveyor shall also be issued a registration number which shall not thereafter be assigned to nor used by any other surveyor. The number shall be placed on the certificate of registration and recorded in the permanent records of the board and shall constitute the registration number of that surveyor to be used on all official documents. The certificate of registration and the certificate of licensure shall also show the full name of the registrant or licensee and shall be signed by the chairman and the director of the board.

Sec. 17. (a) All certificates of registration or licensure shall expire on December 31 of each year or on a date set by the board as part of a staggered renewal system and shall become invalid on that date unless renewed. Subject to other provisions of this section, a person may renew an unexpired certificate by paying to the board before the expiration date of the certificate the required renewal fee.

(b) If a person's certificate has been expired for 90 days or less, the person may renew the certificate by paying to the board the required renewal fee and a fee that is one-half of the examination fee for the certificate. If a person's certificate has been expired for longer than 90 days but less than one year, the person may renew the certificate by paying to the board all unpaid renewal fees and a fee that is equal to the examination fee for the certificate. If a person's certificate has been expired for one year or longer, the person may not renew the certificate. The person may obtain a new certificate by submitting to reexamination and complying with the requirements and procedures for obtaining an original certificate. Each provision of this section must be met before the board may issue a new certificate.

(c) At least 30 days before the expiration of a person's certificate, the board shall send written notice of the impending certificate expiration to the person at the registrant's or licensee's last known address according to the records of the board. All renewal certificates shall carry the same registration number as the original certificate. All original and renewal certificates of registration or licensure shall be evidence that the person whose name and registration number appears thereon is qualified to practice as a registered professional land surveyor or a licensed state land surveyor so long as the certificate is valid and in force. Each person holding a certificate of registration or licensure shall display it at the person's place of business or practice and be prepared to substantiate annual renewal for the current year. The director shall immediately notify the commissioner whenever the certificate of licensure of any licensed state land surveyor is rendered invalid for the licensee's failure to timely renew such certificate.

(d) As a condition for renewal of registration to practice as a registered professional land surveyor, the board shall require the registrant to complete successfully continuing professional education courses, as prescribed by board rule. The rule shall provide that the continuing professional education requirement may be met by the completion of no more than eight hours, a calendar day, of professional development courses or programs in any annual period. The board may also grant professional development credit for satisfactory completion of academic work at an accredited institution, teaching or consultation in programs approved by the board, or authorship of technical papers approved by the board. The requirements of this subsection do not apply to registrants who are also registered as registered professional engineers until December 31, 1995.

(e) A registered professional land surveyor shall maintain records relating to the person's professional educational activities. The records are subject to audit by the board on the licensee's application for renewal.

(f) A registered professional land surveyor may request inactive status at any time before the expiration of the certificate of registration. A registrant on inactive status shall pay an annual fee of $10. A registrant on inactive status is not required to comply with the professional development requirements adopted by the board or to take an examination to be reinstated to active status. A registrant on inactive status may not practice surveying. A registrant who desires to return to active status must notify the board in writing, requesting reinstatement to active status.

Sec. 18. (a) Each registered professional land surveyor on receiving a certificate of registration shall obtain an authorized seal bearing the registrant's name and number and the legend "Registered Professional Land Surveyor." A registrant may not affix the registrant's name, seal, or certification to any plat, design, specification, or other work constituting the practice of the profession regulated by this Act and prepared by a person who is not registered or licensed under this Act, unless the work was performed by an employee under the registrant's or licensee's direct supervision. For the purpose of this section, an "employee" means an individual who receives compensation for work performed under the direct supervision of a registered professional land surveyor or licensed state land surveyor. A registrant or licensee may not allow a person who is not registered or licensed under this Act to exert control over the end product of professional work. When there is a joint surveying venture comprising an association of two or more firms, each firm shall use the seal of the surveyor who has the primary responsibility for the venture.

(b) Each licensed state land surveyor shall procure a seal of office. Around the margin shall be the words "Licensed State Land Surveyor," which shall be his or her official title, and between the points of the star in the seal shall be the word "Texas." A licensed state land surveyor shall attest with the seal all official acts authorized under the provisions of the law. No act, paper, or map of a licensed state land surveyor shall be filed in the county records of the General Land Office unless certified to under the seal of the surveyor.

Sec. 19. Before a licensed state land surveyor's license is issued and before one who has successfully passed the examination as provided in this Act is authorized to perform the duties of a licensed state land surveyor, he or she shall take the official oath that he or she will faithfully, impartially, and honestly perform all the duties of a licensed state land surveyor to the best of his or her skill and ability in all matters wherein he or she may be employed. A certificate of licensure as a licensed state land surveyor may not be issued under this Act to any person residing outside the State of Texas.

Sec. 20. The board may waive any registration requirement for an applicant with a valid license from another state having registration or license requirements substantially equivalent to the registration requirements of this state and may issue a certificate of registration as a registered professional land surveyor to an applicant who meets all waived and unwaived registration requirements and:

(3) passes an examination on Texas surveying, not to exceed four hours in duration, the contents of which shall be determined by the board.

Sec. 21. (a) An association, partnership, or corporation may not offer professional surveying services unless a professional surveyor registered under this Act is employed full-time at the location at which the services are offered.

(b) Registrants and licensees holding current certificates of registration or licensure may organize or engage in any form of individual or group practice of surveying allowed by the statutes of this state. The individual or group practice must properly identify the registrant or licensee responsible for that practice. Any person engaging in the practice of surveying in this state under any business title other than the real name or names of those legally authorized to engage in public or state land surveying, whether individually or as an association, partnership, or corporation, shall file in the office of this board a certificate stating the full name and residence of each person engaging in that practice and the place, including street, number, city, and zip code, where that practice or business is principally conducted. The person must file the certificate in the manner prescribed by the board.

Sec. 22. A licensed state land surveyor may resign at any time by filing a resignation in writing with the Texas Board of Professional Land Surveying. On the receipt of the resignation, the board shall inform the General Land Office. If a licensed state land surveyor resigns under this section, the surveyor is not entitled to have the license reinstated. To obtain a subsequent license, the surveyor must meet the requirements for an original license.

Sec. 23. (a) The board shall revoke or suspend a certificate of registration or licensure, place on probation a person whose certificate has been suspended, or reprimand a registrant or licensee for:

(1) the practice of any fraud or deceit in obtaining a certificate of registration for registered professional land surveyors or a certificate of licensure for licensed state land surveyors;

(2) any gross negligence, incompetency, or misconduct in the practice of surveying as a registered professional land surveyor or licensed state land surveyor; or

(3) the violation of a provision of this Act or a rule or regulation promulgated by the board.

(b) The license of any licensed state land surveyor found to be directly or indirectly interested in the purchase or acquisition of title to public land is subject to revocation.

(1) practicing or offering to practice professional land surveying or state land surveying in this state without being registered or licensed in accordance with the provisions of this Act;

(2) presenting or attempting to use the certificate of registration or licensure or seal of another;

(3) giving any false or forged evidence in order to obtain or assist another in obtaining a certificate of registration or licensure; or

(4) violating any of the provisions of this Act or any rules or regulations promulgated by the board.

(d) If a registrant or licensee suspension is probated, the board may require the practitioner:

(1) to report regularly to the board on matters that are the basis of the probation;

(3) to continue or renew professional education until the practitioner attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.

Sec. 23A. (a) If a person violates a provision of this Act or a rule or order adopted by the board under this Act, the board may assess an administrative penalty against the person as provided by this section.

(b) The penalty for each violation may be in an amount not to exceed $1,500 for each violation.

(1) the seriousness of the violation, including but not limited to the nature, circumstances, extent, and gravity of the prohibited acts;

(d) If, after investigation of a possible violation and the facts surrounding that possible violation, the director determines that a violation has occurred, the director may issue a violation report stating the facts on which the conclusion that a violation occurred is based, recommending that an administrative penalty under this section be imposed on the person charged, and recommending the amount of that proposed penalty. The director shall base the recommended amount of the proposed penalty on the seriousness of the violation determined by consideration of the factors set forth in Subsection (c) of this section.

(e) Not later than the 14th day after the date on which the report is issued, the director shall give written notice of the report to the person charged. The notice shall include a brief summary of the charges, a statement of the amount of the penalty recommended, and a statement of the right of the person charged to a hearing on the occurrence of the violation or the amount of the penalty or on both the occurrence of the violation and the amount of the penalty.

(f) Not later than the 20th day after the date on which notice is received, the person charged may accept the determination of the director made under Subsection (d) of this section, including the recommended penalty, or make a written request for a hearing on the determination.

(g) If the person charged with the violation accepts the determination of the director, the board shall issue an order approving the determination and ordering the payment of the recommended penalty.

(h) If the person charged requests a hearing or fails to timely respond to the notice, the board shall set a hearing and give notice of the hearing. All proceedings under this subsection are subject to the Administrative Procedure and Texas Register Act (Article 6252�13a, Vernon's Texas Civil Statutes).

(i) The board shall give notice of the board's order to the person charged. The notice shall include:

(3) a statement of the right of the person charged to judicial review of the board's order, if any; and

(j) Within the 30-day period immediately following the day on which the order becomes final as provided by Section 16(c), Administrative Procedure and Texas Register Act (Article 6252�13a, Vernon's Texas Civil Statutes), the person charged with the penalty shall:

(2) if the person files a petition for judicial review contesting either the amount of the penalty or the fact of the violation or contesting both the fact of the violation and the amount of the penalty.

(B) in lieu of payment into escrow, post with the board a supersedeas bond in a form approved by the board for the amount of the penalty, the bond to be effective until all judicial review of the order or decision is final.

(k) If a person charged is financially unable either to forward the amount of the penalty for placement in an escrow account or post a supersedeas bond for the amount of the penalty, the person may satisfy the requirements of Subsection (j)(2) of this section by filing with the board an affidavit sworn by the person charged, stating that the person is financially unable either to forward the amount of the penalty or post a bond.

(l) Failure to forward the money to or to post the bond or file the affidavit with the board within the time provided by Subsection (j) of this section results in a waiver of all legal rights to judicial review. Also, if the person charged fails to pay the penalty in full as provided under Subsection (j)(1) of this section or forward the money, post the bond, or file the affidavit as provided by Subsection (j) or (k) of this section, the board may forward the matter to the attorney general for enforcement.

(m) Judicial review of the order or decision of the board assessing the penalty shall be under the substantial evidence rule and shall be instituted by filing a petition with a district court in Travis County as provided by Section 19, Administrative Procedure and Texas Register Act (Article 6252�13a, Vernon's Texas Civil Statutes).

(n) If the penalty is reduced or not assessed by the court, the board shall remit to the person charged the appropriate amount plus accrued interest if the penalty has been paid or shall execute a release of the bond if a supersedeas bond has been posted. The accrued interest on amounts remitted by the board under this subsection shall be paid at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank and shall be paid for the period beginning on the date the penalty is paid to the board under Subsection (j) of this section and ending on the date the penalty is remitted.

(o) A penalty collected under this section shall be deposited in the state treasury to the credit of the General Revenue Fund.

Sec. 23B. (a) A person who violates this Act or a rule adopted under this Act is liable for a civil penalty of not more than $1,500 for each violation.

(b) The attorney general, on request of the board, shall institute and conduct a suit to collect the penalty in the name of the state.

(c) A civil penalty collected under this section shall be deposited in the state treasury to the credit of the General Revenue Fund.

Sec. 24. (a) Any person may file a complaint with the Texas Board of Professional Land Surveying regarding a violation of this Act or any rule or regulation of the board. The board may also institute proceedings against a registrant or licensee on its behalf without a formal written third party complaint. Each alleged violation of applicable statutes, when duly reported and substantiated by sworn affidavits, shall be investigated. The board may employ the investigators or inspectors necessary to enforce properly the provisions of this Act.

(b) If the board proposes to suspend or revoke a person's certificate of registration or licensure, the person is entitled to a hearing before the board or a hearings officer appointed by the board. The board shall prescribe procedures by which all decisions to suspend or revoke are made by or are appealable to the board.

(c) The board for reasons it may deem sufficient may reissue a certificate of registration or licensure to any surveyor whose certificate has been revoked provided six or more members vote in favor of the reissuance. A new certificate of registration or licensure to replace a certificate revoked, lost, destroyed, or mutilated may be issued, subject to the rules of the board and a charge of $20.

(d) The attorney general or his assistants shall act as legal advisor to the board and shall render such legal assistance as may be necessary in enforcing the provisions of this Act and the rules and regulations of the board.

Sec. 25. (a) Licensed state land surveyors licensed under this Act are authorized to perform surveys under the provisions of Section 21.011, Natural Resources Code, and are subject to the direction of the Commissioner of the General Land Office in matters of land surveying in such cases as may come under the supervision of such authorities. The jurisdiction of such licensees shall be coextensive with the limits of the state.

(b) Licensed state land surveyors may hold the office of county surveyor, and if so elected shall qualify as provided by law for county surveyors. The election of a licensed state land surveyor to the office of county surveyor for a particular county does not limit the jurisdiction of the licensed state land surveyor to that county, and the election of a county surveyor for any particular county does not prevent any licensed state land surveyor from performing the duties of a surveyor in that county.

(c) All official field notes made by a surveyor licensed under this Act shall be signed by the surveyor, followed by the designation, "Licensed State Land Surveyor."

(d) If a licensed state land surveyor is denied permission to cross the land owned by a private party when surveying in his or her official capacity, the attorney general promptly shall seek an order from the district court to enforce the licensee's authority to cross the land. Venue for the action shall be in the county in which the land is located. Process shall be served in the manner provided for civil actions. The court shall grant the order on proof that the surveyor is licensed under this Act and is acting in an official capacity. Violation of the order is enforceable by the contempt powers of the court.

Sec. 26. The field notes and plats prepared by a licensed state land surveyor shall conform to Sections 21.041 and 21.042, Natural Resources Code. All field notes made by licensed state land surveyors in any county in this state are admissible in evidence.

Sec. 27. If a licensed state land surveyor discovers any undisclosed tract of public land, the surveyor shall make known that fact to such person as may have it enclosed and shall forward to the Commissioner of the General Land Office a report of the existence of the tract and the acreage in the tract.

Sec. 28. (a) In cases where a county has a county surveyor, the county surveyor alone is authorized to file and record field notes and plats of all surveys made in that county and other documents required by law to be recorded in the county surveyor's records and to issue certificates of fact and certify the correctness of copies of any document, record, or entry shown by the records of a county surveyor. However, if a county surveyor and his or her authorized deputy or deputies are absent from the office, the county clerk of the county has free access to the county surveyor's office and public records and, in such event, is authorized to record field notes, plats, and other documents required to be recorded in the county surveyor's records and to issue certificates of fact and certify the correctness of copies of any document, record, or entry shown on the official records of the county surveyor. In cases where a county has no county surveyor, the county clerk of the county is the legal custodian of the surveyor's records and is authorized to make all the certificates and certify the copies that a legally authorized county surveyor may make.

(b) The fees for recording documents in the surveyor's records and issuing certificates and making certified copies are the fees now or hereafter provided by law. The county surveyor is entitled to fees for all documents recorded by the county surveyor or his or her deputies and for all certificates and certified copies issued by the county surveyor or his or her deputies. The county clerk is entitled to all fees for documents recorded by the county clerk and for all certificates and certified copies issued by the county clerk under the provisions of this Act.

(c) All licensed state land surveyors shall for the purpose of information and examination have access to the records of county surveyors, and no examination fee shall be charged in cases where an investigation of the records is being made with a view to making surveys of public lands under the laws regulating the sale or lease of the same or of identifying and establishing the boundaries of public land. All examinations shall be made under such regulations as may be provided by the county surveyor or the commissioners court for the safekeeping and preservation of the records.

Sec. 29. (a) The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board. The board may provide for that notification:

(1) on each registration form, application, or written contract for services of an individual or entity regulated under this Act; or

(2) on a sign prominently displayed in the place of business of each individual or entity regulated under this Act; or

(3) in a bill for service provided by an individual or entity regulated under this Act.

(b) If a written complaint is filed with the board that the board has authority to resolve, the board, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation.

(c) The board shall keep an information file about each complaint filed with the board that the board has authority to resolve.

Acts 1979, 66th Leg., p. 1261, ch. 597, �� 1 to 29, eff. June 13, 1979. Sec. 5 amended by Acts 1985, 69th Leg., ch. 479, �� 131, 175, eff. Sept. 1, 1985; Sec. 7(d) amended by Acts 1985, 69th Leg., ch. 479, � 34, eff. Sept. 1, 1985; Sec. 1 amended by Acts 1989, 71st Leg., ch. 1091, � 1, eff. Sept. 1, 1989; Sec. 2(1), (2), (4), (5), (8) to (11) amended by Acts 1989, 71st Leg., ch. 1091, � 2, eff. Sept. 1, 1989; Sec. 3 amended by Acts 1989, 71st Leg., ch. 1091, � 3, eff. Sept. 1, 1989; Sec. 4 amended by Acts 1989, 71st Leg., ch. 1091, � 31, eff. Sept. 1, 1989; Sec. 5 amended by Acts 1989, 71st Leg., ch. 1091, � 4, eff. Sept. 1, 1989; Sec. 6 amended by Acts 1989, 71st Leg., ch. 1091, � 5, eff. Sept. 1, 1989; Sec. 7(b), (d) amended by Acts 1989, 71st Leg., ch. 1091, � 6, eff. Sept. 1, 1989; Sec. 8(a), (b) amended by Acts 1989, 71st Leg., ch. 1091, � 7, eff. Sept. 1, 1989; Sec. 9(a) to (c), (e), (f) amended by Acts 1989, 71st Leg., ch. 1091, � 8, eff. Sept. 1, 1989; Sec. 10 amended by Acts 1989, 71st Leg., ch. 1091, � 9, eff. Sept. 1, 1989; Sec. 11 amended by Acts 1989, 71st Leg., ch. 1091, � 10, eff. Sept. 1, 1989; Sec. 12 amended by Acts 1989, 71st Leg., ch. 1091, � 31, eff. Sept. 1, 1989; Sec. 13 amended by Acts 1989, 71st Leg., ch. 584, � 39, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1091, � 11, eff. Sept. 1, 1989; Sec. 14 amended by Acts 1989, 71st Leg., ch. 1091, � 31, eff. Sept. 1, 1989; Sec. 15 amended by Acts 1989, 71st Leg., ch. 1091, � 12, eff. Sept. 1, 1989; Sec. 16 amended by Acts 1989, 71st Leg., ch. 1091, � 13, eff. Sept. 1, 1989; Sec. 17 amended by Acts 1989, 71st Leg., ch. 1091, � 14, eff. Sept. 1, 1989; Sec. 18 amended by Acts 1989, 71st Leg., ch. 1091, � 15, eff. Sept. 1, 1989; Sec. 19 amended by Acts 1989, 71st Leg., ch. 1091, � 16, eff. Sept. 1, 1989; Sec. 20 amended by Acts 1989, 71st Leg., ch. 1091, � 17, eff. Sept. 1, 1989; Sec. 21 amended by Acts 1989, 71st Leg., ch. 1091, � 18, eff. Sept. 1, 1989; Sec. 22 amended by Acts 1989, 71st Leg., ch. 1091, � 19, eff. Sept. 1, 1989; Sec. 23(a), (c) amended by Acts 1989, 71st Leg., ch. 1091, � 20, eff. Sept. 1, 1989; Sec. 24(a), (b), (e), (f) amended by Acts 1989, 71st Leg., ch. 1091, � 21, eff. Sept. 1, 1989; Sec. 25(a), (b), (d), amended by Acts 1989, 71st Leg., ch. 1091, � 22, eff. Sept. 1, 1989; Sec. 26 amended by Acts 1989, 71st Leg., ch. 1091, � 23, eff. Sept. 1, 1989; Sec. 27 amended by Acts 1989, 71st Leg., ch. 1091, � 24, eff. Sept. 1, 1989; Sec. 29 amended by Acts 1989, 71st Leg., ch. 1091, � 25, eff. Sept. 1, 1989; Sec. 3A added by Acts 1991, 72nd Leg., ch. 537, � 2, Sept. 1, 1991; Sec. 5 amended by Acts 1991, 72nd Leg., ch. 537, � 1, eff. Sept. 1, 1991; Sec. 5 amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, � 6.18, eff. Nov. 12, 1991; Sec. 6(e), (f) amended by Acts 1991, 72nd Leg., ch. 537, � 3, eff. Sept. 1, 1991; Sec. 7 amended by Acts 1991, 72nd Leg., ch. 537, � 4, eff. Sept. l, 1991; Sec. 7(a) amended by Acts 1991, 72nd Leg., ch. 561, � 89, eff. Aug. 26, 1991; Sec. 8 amended by Acts 1991, 72nd Leg., ch. 537, � 5, eff. Sept. 1, 1991; Sec. 9 amended by and Sec. 11A added by Acts 1991, 72nd Leg., ch. 537, � 6, eff. Sept. 1, 1991; Sec. 13 amended by Acts 1991, 72nd Leg., ch. 917, � 4, eff. June 16, 1991; Sec. 15(c) amended by Acts 1991, 72nd Leg., ch. 537, � 7, eff. Sept. 1, 1991; Sec. 15(d) amended by Acts 1991, 72nd Leg., ch. 537, � 17, eff. Sept. 1, 1991; Sec. 15(e) amended by Acts 1991, 72nd Leg., ch. 537, � 7, eff. Sept. 1, 1991; Sec. 15(g), (h) amended by Acts 1991, 72nd Leg., ch. 537, � 17, eff. Sept. 1, 1991; Sec. 16(d) amended by Acts 1991, 72nd Leg., ch. 537, � 8, eff. Sept. 1, 1991; Sec. 17(a) to (d) amended by Acts 1991, 72nd Leg., ch. 537, � 9, eff. Sept. 1, 1991; Sec. 20 amended by Acts 1991, 72nd Leg., ch. 537, � 10, eff. Sept. 1, 1991; Sec. 23(a) amended by and Sec. 23(d) added by Acts 1991, 72nd Leg., ch. 537, � 11, eff. Sept. 1, 1991; Sec. 23A added by Acts 1991, 72nd Leg., ch. 537, � 12, eff. Sept. 1, 1991; Sec. 23B added by Acts 1991, 72nd Leg., ch. 537, � 13, eff. Sept. 1, 1991; Sec. 24 amended by Acts 1991, 72nd Leg., ch. 537, � 14, eff. Sept. 1, 1991; Sec. 29 amended by Acts 1991, 72nd Leg., ch. 537, � 15, eff. Sept. 1, 1991; Sec. 2(1) amended by Acts 1995, 74th Leg., ch. 749, � 1, eff. Sept. 1, 1995; Sec. 3A amended by Acts 1995, 74th Leg., ch. 749, � 2, eff. Sept. 1, 1995; Sec. 15(c), (e) amended by and Sec. 15(d) added by Acts 1995, 74th Leg., ch. 749, � 3, eff. Sept. 1, 1995; Sec. 2(1) amended by Acts 1999, 76th Leg., ch. 772, � 1, eff. June 18, 1999; Sec. 9(a) amended by Acts 1999, 76th Leg., ch. 772, � 2, eff. June 18, 1999; Sec. 16(a) amended by Acts 1999, 76th Leg., ch. 772, � 3, eff. June 18, 1999; Sec. 23A(b) amended by Acts 1999, 76th Leg., ch. 1382, � 1, eff. June 19, 1999; Sec. 23B amended by Acts 1999, 76th Leg., ch. 1382, � 2, eff. June 19, 1999.

In cases where public free school and asylum land has been advertised as being subject to forfeiture for non-payment of interest and to be forfeited and canceled and come on the market for sale at some future sale date and such land was declared forfeited and the sale canceled on the records of the General Land Office and sale awards issued upon applications filed at such sale date, and said sale award has been held by the Supreme Court to be void and all other sale awards which may be void or voidable or the titles to which may have become defective from any cause, are hereby validated, and when the said land shall be fully paid for together with payment of all fees it shall be patented; provided, in cases where the sale award of the land advertised as aforesaid has not stood one year the owner of said land at date of forfeiture shall have the right to apply to the General Land Office for a re-instatement of said former sale upon the payment of all past due interest at any time within six months after the taking effect of this Act.

Sec. 1. In cases where lands belonging to the Public Free School Funds located in Hutchinson County, Texas, stand forfeited on the records of the General Land Office, and where said forfeitures have been made by the Commissioner of the General Land Office after September 1, 1942, and prior to February 1, 1943, and where such lands have been used or occupied by the original purchaser of said lands from the State of Texas for a continuous period of twenty-seven years or more, the said forfeitures may be set aside and the original purchases re-instated by the said Commissioner upon the payment of all moneys due and owing on such land, including interest and principal; providing that such re-instatement shall not be effective as to any intervening rights of third parties.

Sec. 2. In cases where lands belonging to the Public Free School Fund located in Hardeman County stand forfeited on the records of the General Land Office and said forfeitures having been made by the Commissioner of the General Land Office prior to September 25, 1943, and after January 1, 1943, and where the lands have been improved by the present occupant or user to the extent of One Hundred ($100.00) Dollars or more, the said forfeitures may be set aside and the original purchases re-instated by the said Commissioner upon payment of all moneys due and owing on such land, including interest and principal; providing that such reinstatement shall not be effective as to any intervening rights of third parties.

Sec. 3. If any section, sub-section, clause, sentence, or provision of this Act, for any reason, be held to be invalid or unconstitutional, it shall not affect in any wise the remaining provisions of this Act not so held, and all that portion not so held invalid shall remain in full force and effect; it being the express intention of the Legislature to enact such Act without respect to such section, sub-section, clause, sentence, or provision, or a part thereof, so held to be invalid or unconstitutional.

Sec. 1. All of the lands along the 100th degree of west longitude on the East side of the Panhandle of the State of Texas and the west side of the State of Oklahoma, found to be in the State of Texas by the final decree of the Supreme Court of the United States, entered March 17th, 1930, in the case of the State of Oklahoma vs. the State of Texas, the United States of America, Intervenor, theretofore claimed by Oklahoma but now located in Lipscomb, Hemphill, Wheeler, Collingsworth and Childress Counties, are hereby offered for sale to the claimants of said lands as reflected by the Deed Records or other public records of the State of Oklahoma and under the laws of the State of Oklahoma at the time of the rendition of said decree by the Supreme Court of the United States, and said lands shall be sold to such claimants as would have then owned said lands had the same been a part of Oklahoma, or who have acquired or may hereafter acquire title by foreclosure of a line valid and enforceable under the laws of Oklahoma at the time of the rendition of such decree. The consideration for such sale shall be the sum of One ($1.00) Dollar per acre.

Sec. 2. The rights and duties of the Special Land Board are transferred to the General Land Office, and the Special Land Board is abolished. The General Land Office shall have the power to ascertain the bona fide claimants of said lands as shown by the public records and under the laws of the State of Oklahoma, to make such surveys and investigations as may be necessary to carry out the provisions of this Act, and to adopt such rules, regulations and forms as it may deem expedient.

Sec. 3. Any claimant to any portion of said lands who would have had title to same had it been located in Oklahoma, may make application to the Commissioner of the General Land Office to purchase the land claimed. Such application shall be accompanied by field notes of the tract claimed, together with a filing fee of One ($1.00) Dollar, an examination fee of Fifteen (.15 Cents per acre, and with such other information as the Land Board may require to be given, including certified copies of all muniments of title under the laws of Oklahoma. Upon receipt of such application the Land Board shall cause an investigation to be made as to the status of the public records of the State of Oklahoma, and in event it is found that the applicant would have been the owner of said land at the time of the decree of the Supreme Court of the United States had the same been located in Oklahoma, or holds title by reason of foreclosure of a lien valid and enforceable under the laws of Oklahoma at the time of such decree of the Supreme Court of the United States, such application shall be approved, and said land awarded to said applicant. Within sixty days after such award such applicant shall pay to the Commissioner of the General Land Office the sum of One ($1.00) Dollar per acre for said land, and upon receipt of such payment the Commissioner of the General Land Office shall issue to the claimant a patent to said lands in such form as the Land Commissioner shall prescribe.

Sec. 4. In event the claimant fails or refuses to purchase same or to apply for a patent as provided for herein, then the holder of a lien against any of said lands may make such purchase or apply for such patent on behalf of said owner and pay the consideration provided for, and all fees and expenses, and such amounts when paid by such lien holder shall be added to and become a part of the total amount secured by the lien. A failure on the part of the said owner to make purchase, or application for patent, for a period of four months after the last publication by said Land Board as provided in this Act shall constitute such failure to apply as will warrant the lien holder in making such application to purchase. The patent issued upon application and purchase of a lien holder shall be in the name of the person, persons or company who would have owned said lands had the same been a part of Oklahoma.

Sec. 5. All deeds, mortgages, contracts and instruments of every nature, or in case of loss of any such instrument a certified copy from the record in the Oklahoma County may be so used, affecting the title to said lands, or that would have formed a part of the chain of title to the same under the laws of the State of Oklahoma, and now of record on the public records of the State of Oklahoma, may be filed and recorded in the county in Texas in which the land is now located. All deeds, mortgages, conveyances and all other instruments which would be valid under the laws of the State of Oklahoma and admissible in evidence under the laws of said State, shall be valid in Texas and shall be admissible in evidence in any court in this State, and copies of said instruments certified as provided by the laws of Oklahoma, as well as the originals thereof, may be introduced in evidence in the same manner as if executed with the formalities required by the laws of the State of Texas, and as if certified as required by the laws of this State. All such deeds, deeds of trust, mortgages, conveyances and contracts, affecting the title to any of said lands shall be given the same force and effect in the State of Texas as same would have been given in the State of Oklahoma, and all bona fide liens, incumbrances, or debentures, now outstanding and unsatisfied, and existing against said lands at the time of the rendition of said decision of the Supreme Court of the United States are here expressly validated, save and except as to purchase money due to the State of Oklahoma, or the United States, and except taxes, general or special, due to the State of Oklahoma, or any city, county, school district or other political subdivision of the State of Oklahoma. In determining whether any lien against said land shall be enforced, the period of time intervening between the rendition of the decision by the Supreme Court of the United States and the issuance of a patent to the land involved by the State of Texas, shall not be computed in applying the Statutes of Limitation of either the State of Oklahoma or the State of Texas, and this Act shall be liberally construed in the enforcement of liens against said land, it being the intention of the Legislature that all sections and parts hereof are independent of each other, and if any section or part hereof be held unconstitutional such invalid section shall not affect the remaining sections or parts hereof.

Sec. 6. The examination fees provided for in Section 3 of this Act shall be deposited with the Comptroller in a special fund to the credit of the Land Board created in Section 2 hereof. All such moneys so paid into the State Treasury are hereby specifically appropriated to said Land Board for the purpose of defraying the authorized and necessary expenses incident to the enforcement of this Act incurred by said Board in determining the identity of persons entitled to the benefits of this Act. The Comptroller shall, from time to time, upon requisition of the Commissioner of the General Land Office, draw warrants upon the State Treasury for the amounts specified in such requisition, not exceeding, however, the amount of such fund on deposit at the time of the making of any requisition therefor. Any sum remaining in such fund after all expenses have been paid shall be transferred to the Permanent School Fund. The amount of money accruing to the State of Texas as consideration for the sale of the land as provided for in Section 3 hereof shall be placed to the credit of the Permanent School Fund.

Sec. 6 amended by Acts 1997, 75th Leg., ch. 1423, � 21.54, eff. Sept. 1, 1997.

Sec. 7. The Land Board, upon the passage of this Act, is authorized to determine when such lands are available for purchase, and said Board shall by proper proclamation give notice to all persons desiring to file an application to purchase said land, by causing such proclamation to be published once each week for two consecutive weeks in some newspaper of general circulation in each county in which any part of said lands may be located, and by filing a copy of such proclamation with the County Clerk of each such county. Applications to purchase such lands shall be filed with the Commissioner of the General Land Office within four months from and after the last publication, and if said claims are not filed within said time an additional filing fee of Ten (10 Cents per acre shall be required. No land shall be patented or sold under the provisions of this Act unless claimed and applied for within twelve months after the publication of said proclamation, and the proclamation shall so state.

Acts 1931, 42nd Leg., p. 311, ch. 185. Amended by Acts 1941, 47th Leg., p. 242, ch. 170, � 1; Acts 1951, 52nd Leg., p. 298, ch. 177, � 1.

From and after the effective date of this Act all public lands in this State situate along the western boundary of the State of Oklahoma and the eastern boundary of the State of Texas and along the 100th degree of west longitude, found to be in the State of Texas by final decree of the Supreme Court of the United States entered March 17, 1930, in the case of the State of Oklahoma vs. the State of Texas, the United States of America, intervenor, theretofore claimed by Oklahoma but now located in Lipscomb, Hemphill, Wheeler, Collingsworth and Childress Counties, are to be offered for sale in accordance with the provisions of Article 5330A, Revised Civil Statutes of Texas Acts 1931, Forty-second Legislature, Page 311, Chapter 185.

Sec. 1. The Commissioner of the General Land Office is hereby authorized and empowered, acting for and on behalf of the State of Texas, to execute any and all grants of easements in, on, and across all unsold Public Free School Lands, and in, on, and across all islands, salt water lakes, bays, inlets, marshes, and reefs owned by the state within the tidewater limits, and in, on, and across that portion of the Gulf of Mexico within the jurisdiction of Texas, to Nueces County Water Control and Improvement District Number 4 for right-of-ways for pipe lines and for the installation of all works, facilities, and appliances, in any and all manners incident to, helpful or necessary for securing, storing, processing, treating, transporting, and selling an adequate supply of fresh water; provided, however, said Nueces County Water Control and Improvement District Number 4 shall pay the sum of Ten Dollars ($10.00) as consideration for the granting of each easement.

Sec. 2. The Commissioner of the General Land Office may grant the easements provided in Section 1 hereof for such term and shall cover only such area which in the judgment of the Commissioner may be required to carry out the purposes for which said District was created, and, if he deems it necessary, the Commissioner of the General Land Office may grant such easements perpetually.

Sec. 3. During the existence of the easements authorized and granted pursuant hereto the officers and employees, contractors and sub-contractors of the Nueces County Water Control and Improvement District Number 4 are hereby authorized to go in and upon the lands described herein to construct such pipe lines and to install all works, facilities, appliances, and to repair and to remove same from time to time.

Sec. 4. All easements granted under Section 1 of this Act shall be on forms approved by the Attorney General.

Sec. 5. All income received by the Land Commissioner under this Act from Public School Lands shall be credited to the Available School Fund.

Sec. 6. The powers and authority herein conferred and vested in the Commissioner of the General Land Office shall be cumulative of all powers and authority heretofore and hereafter vested in the Commissioner of the General Land Office under the Constitution and laws of this state.

Sec. 1. In the case of any non-producing oil, gas or mineral lease on University land, if one hundred twenty (120) days before expiration of the primary term there be in effect any restrictions issued by a Federal war agency prohibiting the drilling or completion of a well thereon, the holder of such lease shall have the right to negotiate an extension or renewal of such lease for a period of not longer than two (2) years with the Board of Regents of the University of Texas and the Commissioner of the General Land Office.

The Board of Regents of the University of Texas and the Commissioner of the General Land Office, in considering an application for an extension or renewal of any such lease above described, shall take into consideration in establishing the consideration for such lease the diligence with which the lessee has followed his duties under the existing lease, the present value of the land upon which an extension or renewal of the lease is sought, and all other good business practices. The lessee in presenting his application for extension or renewal of such lease or leases shall present evidence to the Board of Regents of the University of Texas and to the Commissioner of the General Land Office showing it was impossible for him or any of his co-owners to comply with the restrictions which he claims prohibited the drilling or completion of the well on said tract.

If the lessee should claim as grounds for an extension or renewal of any such lease that there is insufficient acreage within the tract under lease by him to comply with the Federal restriction then no extension or renewal shall be granted unless said lessee also show that there is no adjacent and adjoining acreage to said tract wherein said applicant is a party in interest that could have been combined with the tract upon which the application for extension or renewal is made in order to comply with the Federal restriction.

Sec. 2. The Commissioner of the General Land Office is hereby authorized to issue to the lease owner such instrument in writing in the nature of an extension or renewal of such lease as may be necessary or proper to carry into effect the foregoing provision of this Act.

Sec. 3. The provisions of this Act are and shall be held and construed to be cumulative of all General Laws of this state on the subject treated of and embraced in this Act when not in conflict herewith, but in case of conflict, in whole or in part, this Act shall control.

Sec. 4. If any section, subdivision, paragraph, sentence, or clause of this Act be held to be unconstitutional, the remaining portions of same shall nevertheless be held valid and binding.

If the owner of any valid oil and gas lease granted by the State covering University lands is denied access to or is denied a permit to drill upon or produce from the leased premises by any duly constituted authority of the United States of America, after a bona fide attempt has been made by such owner to obtain access or permit to drill upon or produce from the leased premises, and denial of access as used herein shall include agreements by the lessee or his assigns under any such lease with a duly constituted authority of the United States not to enter upon and engage in drilling operations on any such oil and gas lease made under compulsion or threat of condemnation by such duly constituted authority of the United States, such owner may file with the Board for Lease of University Lands an application describing and giving the date of the action which deprives him of the right of access or the right to drill upon or produce from the premises, and if said Board is satisfied that the facts set forth in the application are true, the Board may enter an order upon its minutes suspending the running of both the primary and the principal term of such lease, or suspending any condition, obligation, or duty thereunder as of the date of the origin of the cause of suspension and during the existence of the cause of suspension, so long as the lessee continues to make on each anniversary date of such lease the annual rental payments stipulated in the lease during the period of suspension. Such oil and gas lease shall remain in status quo, and all obligations and conditions existing during such lease or such of them as may be suspended by said Board, shall be inoperative and of no force and effect, except the obligation to pay delay rentals as provided for herein, until ninety (90) days after the Board for Lease of University Lands shall enter an order upon its minutes reciting that the cause for suspension has ceased to exist, at which time such oil and gas lease shall, provided the rental payments have been made during the period of suspension, again become operative and all of the suspended obligations and conditions, including the payment of rentals under same, shall again attach and be in force, and in the case of the suspension of the primary and/or principal terms of the lease, the lease shall thereafter continue in force for a period equivalent to the unexpired term of the lease on the date or origin of the cause for suspension. The Commissioner of the General Land Office shall give notice immediately to the lessee of the entry of the order that the cause for suspension has ceased to exist; provided, however, that the annual rental payments have been met.

Sec. 1. In each case in which an oil and gas mineral lease has heretofore been granted or may hereafter be granted by the State of Texas on an area covered by the coastal waters of the State or within the Gulf of Mexico and in which the War Department of the United State refuses to grant a permit to the lessee or owner of such lease to drill a well thereon for oil, gas or other minerals (the area included in such lease being within the navigable waters of the United States) and in the event the primary term of such lease should expire during the period of time in which the War Department of the United States may continue to refuse to issue such permit, then and in such event the primary term of such lease is hereby extended for successive periods of one (1) year from and after the end of the original primary term of such lease while and so long as the War Department may continue such refusal to issue to the lessee or to the owner of such lease a permit to drill for oil, gas or other minerals, on the area covered thereby; provided, that in order to make such extensions effectual the lessee or the owner of such lease shall, during each of the annual periods during which the primary term of the lease is so extended, apply to and seek to obtain from the War Department a permit to drill a well for oil, gas or other minerals on the area covered by such lease and be unsuccessful in its attempts to obtain a permit, or, if successful in obtaining a permit, commence operations for drilling a well upon the leased premises within sixty (60) days after obtaining such permit; and provided further that the lessee or the owner of such lease continues to pay the annual renewal rentals at the rate provided for in such lease for the period of time involved in such extensions. Should such lease be so extended and should the War Department at any time while such lease is still in force and effect issue a permit to the lessee or to the owner of such lease to drill a well thereon for oil, gas or other minerals, such lease shall continue in force and effect if the lessee commences drilling operations upon the leased premises within sixty (60) days after obtaining such permit, and so long as the lessee or the owner of such lease shall continue to conduct drilling or mining operations thereon, or if oil, gas or other mineral be discovered thereon by the lessee or the owner of such lease, so long as oil, gas or other mineral is produced from such leased premises. Should the production of oil, gas or other mineral on said leased premises after once secured, cease from any cause, such lease shall not terminate if the lessee or owner of such lease commences additional drilling, reworking or mining operations within thirty (30) days thereafter or if it be within the original primary term of such lease, commences or resumes the payment or tender of rental on or before the rental paying date, if any, next ensuing; but if there be no rental paying date next ensuing, the lease shall in no event terminate prior to the expiration of the primary term.

Sec. 2. The Commissioner of the General Land Office is hereby authorized to issue to the lessee or owner of said lease such instrument in writing in the nature of an extension of said lease as may be necessary or proper to carry into effect the foregoing provisions of this Act.

All oil and gas leases sold at a sale held on June 7, 1949 by the School Land Board of the State of Texas, and issued by the Commissioner of the General Land Office under the seal of his office, covering areas within tidewater limits which were advertised and offered for lease on June 7, 1949 as the lease sale date, by advertisement for not less than thirty (30) days prior to June 7, 1949, and prior to June 6, 1949, the effective date of Chapter 321, page 603, Acts of the 51st Legislature, 1949, are hereby ratified and title validated and confirmed in the lessees named in such leases, their heirs, successors or assigns, subject only to the terms and provisions of said leases and the laws applicable thereto; however, nothing herein shall validate, affect, or apply to any such oil and gas lease which is not otherwise valid and in force on the effective date of this Act.

Sec. 1. All patents to and awards of lands lying across or partly across water courses or navigable streams and all patents and awards covering or including the beds or abandoned beds of water courses or navigable streams or parts thereof, which patents or awards have been issued and outstanding for a period of ten years from the date thereof and have not been cancelled or forfeited, are hereby confirmed and validated.

Sec. 2. The State of Texas hereby relinquishes, quit-claims and grants to patentees and awardees and their assignees all of the lands, and minerals therein contained, lying across, or partly across watercourses or navigable streams, which lands are included in surveys heretofore made, and to which lands patents or awards have been issued and outstanding for a period of ten years from the date thereof and have not been cancelled or forfeited, and the State of Texas hereby relinquishes, quit-claims and grants to patentees and awardees and their assignees all of the beds, and minerals therein contained, or water courses or navigable streams, and also all of the abandoned beds, and minerals therein contained, of water courses or navigable streams, which beds or abandoned beds or parts thereof are included in surveys heretofore made, and to which beds or abandoned beds, or parts thereof, patents or awards have been issued and outstanding for a period of ten years from the date thereof, and have not been cancelled or forfeited; provided that nothing in this Act contained shall impair the rights of the general public and the State in the waters of streams or the rights of riparian and appropriation owners in the waters of such streams, and provided further that with respect to lands sold by the State of Texas expressly reserving title to minerals in the State, such reservation shall not be affected by this Act; nor shall relinquish or quit-claim any number of acres of land in excess of the number of acres of land conveyed to said patentee or awardees in the original patents granted by the State, but the patentees or awardees and their assignees shall have the same rights, title and interest in the minerals in the beds or abandoned beds, or parts thereof, of such water courses or navigable streams, that they have in the uplands covered by the same patent or award; provided that this Act shall not in any way affect the State's title, right or interests in and to the sand and gravel, lying within the bed of any navigable stream within this State, as defined by Article 5302, Revised Statutes of 1925.

Sec. 3. All of the provisions of this Act shall apply equally to all Spanish and Mexican land grants and titles issued by the Spanish or Mexican Governments prior to the Texas Revolution of 1836, which have subsequently been recognized by the Republic of Texas, or by the State of Texas as valid.

Sec. 1. All deeds of acquittance to lands lying across or partly across water courses or navigable streams and all deeds of acquittance covering or including the beds or abandoned beds of water courses or navigable streams or parts thereof, which deeds of acquittance have been issued and outstanding for a period of ten years from the date thereof and have not been cancelled or forfeited, are hereby confirmed and validated.

Sec. 2. The State of Texas hereby relinquishes, quit claims and grants to grantees and their assignees all of the lands, and minerals therein contained, lying across, or partly across water courses or navigable streams, which lands are included in surveys heretofore made, and to which lands deeds of acquittance have been issued and outstanding for a period of ten years from the date thereof and have not been cancelled or forfeited; and the State of Texas hereby relinquishes, quit claims and grants to grantees and their assignees all of the beds, and minerals therein contained, of water courses or navigable streams and also all of the abandoned beds, and minerals therein contained, of water courses or navigable streams, which beds or abandoned beds or parts thereof are included in surveys heretofore made, and to which beds or abandoned beds, or parts thereof, deeds of acquittance have been issued and outstanding for a period of ten years from the date thereof, and have not been cancelled or forfeited; provided that nothing in this Act contained shall impair the rights of the general public and the State in the waters of streams or the rights of riparian and appropriation owners in the waters of such streams; and provided further, that with respect to lands sold by the State of Texas expressly reserving title to minerals in the State, such reservation shall not be affected by this Act; nor shall the State of Texas relinquish or quit claim any number of acres of land in excess of the number of acres of land conveyed to said grantees in the deeds of acquittance granted by the State, but the grantees and their assignees shall have the same rights, title and interest in the minerals in the beds or abandoned beds, or parts thereof, of such water courses or navigable streams, that they have in the uplands covered by the same deed of acquittance; provided that this Act shall not in anyway affect the State's title, right or interest in and to the sand and gravel lying within the bed of any navigable stream within this State, as defined by Article 5302, Revised Statutes of 1925.

Sec. 3. All of the provisions of this Act shall apply equally to all Spanish and Mexican land grants and titles issued by the Spanish or Mexican governments prior to the Texas Revolution of 1836, which have subsequently been recognized by the Republic of Texas, or by the State of Texas, as valid.

Sec. 4. No provision of this Act shall affect the rights of any parties involved in pending litigation at the effective date of this Act. The provisions of this Act are and shall be held and construed to be cumulative of all laws of this State on the subject treated of and embraced in this Act. All laws or parts of laws in conflict herewith are hereby repealed. If any section, subdivision, paragraph, sentence or clause of this Act shall be held to be unconstitutional, the remaining portions of this Act shall nevertheless be held valid and binding.

That in any case where any land in the State of Texas was titled prior to the adoption of the Common Law on March 20, 1840, and there has been a judicial finding that the original grantee of said land abandoned said land prior to the adoption of the Common Law, and the State of Texas has at any time instituted suit for the recovery of said land, resulting in a final judgment adverse to the State of Texas whether on demurrer, exception, or a jury finding of fact, it shall be conclusively presumed that those now claiming said land under conveyance from, or judgment against, the original grantee or his heirs, are vested with all title to said land which was vested in said original grantee by virtue of any patent or title from the sovereignty of the soil to him.

Sec. 2. (a) It is the declared policy of the state to seek, to the fullest extent permissible under all applicable federal law or laws, the delegation to the state of the authority which the corps of engineers exercises under Section 404, as defined in this Act, over the discharge of dredged or fill material in the navigable waters of the State of Texas.

(b) It is the declared policy of the state that the state should not duplicate the exercise of such authority by the corps of engineers, but should instead exercise such authority in lieu of the corps of engineers, so that no permit application is subject to duplicate levels of regulation.

(b) "Agreement" means a written agreement or contract between the State of Texas and the United States, authorizing the State of Texas, through (name of an existing agency), to regulate the discharge of dredged or fill material in the navigable waters of the state under the authority granted by Section 404, as defined in this Act.

(d) "Discharge of dredged or fill material" has the same meaning as it has in Section 404 as defined in this Act.

(e) "Navigable waters" has the same meaning within the boundaries of the State of Texas as it has in Section 404 as defined in this Act.

(f) "Section 404" means Section 404, Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. Section 1344), as it may be amended, and such regulations as may be from time to time promulgated thereunder.

Sec. 4. (a) Nothing in this Act shall be construed as authorizing any state agency or political subdivision to regulate the discharge of dredged or fill material in the navigable waters of the state in any manner different from or inconsistent with the requirements of Section 404.

(b) Nothing in this Act shall be construed as authorizing any state agency or political subdivision to regulate the discharge of dredged or fill material in the navigable waters of the state:

(3) when the corps of engineers certifies that such discharge is incidental to a project undertaken by the corps of engineers or persons operating under contract with the corps of engineers, and that such incidental discharge was announced and reviewed at the same time and under the same conditions as such project; or

(4) by cities which own and operate deepwater port facilities, or by navigation districts or port authorities, or by persons operating under contract with such cities, navigation districts, or port authorities, when such discharges are part of or incidental to a navigation project to be paid for with public funds or when such navigation project is to be owned by such cities, navigation districts, or ports.

(c) Nothing in this Act shall be construed as authorizing any state agency or political subdivision to regulate the discharge of dredged or fill material in the navigable waters of the state in any manner unless and until an agreement as described in this Act is validly entered into and in effect.

(d) Nothing in this Act shall be construed as authorizing any state agency or political subdivision to exercise any authority under this Act except in accordance with an executive order of the governor.

(e) Nothing in this Act shall be construed as authorizing any state agency or political subdivision to regulate the discharge of dredged or fill material in the navigable waters of the state in any manner different from, or inconsistent with, the agreement described in this Act.

(f) Nothing in this Act shall be construed as affecting any application for a permit from the corps of engineers to discharge dredged or fill material in the navigable waters of the state if such application is received by the corps of engineers or postmarked before the effective date of the agreement described in this Act.

Sec. 5. (a) The governor is hereby authorized to enter into an agreement on behalf of the State of Texas, with the United States, acting through its authorized officials, under the terms of which the agency will regulate the discharge of dredged or fill material in the navigable waters of the state.

(b) The governor is expressly authorized to include whatever terms and conditions in such agreement he may deem to be in the best interest of the state, including provisions regarding the termination of such agreement.

(d) The legislature expressly finds that the provisions of this section are necessary to enable the governor to carry out his responsibilities under this Act.

Sec. 6. The provisions of this Act are expressly declared not to be severable, and if any provision of this Act shall be found to be invalid, the entire Act shall be null and void and of no further force or effect.

Sec. 1. All public land lying beneath or adjacent to the waters of Caddo Lake in Marion, Harrison and adjoining counties, and all such public lands heretofore sold by the State that may hereafter revert to the State and become a part of the public domain, be and the same is hereby withdrawn from the market and the title thereto shall remain in the State of Texas to be enjoyed by the public for fishing and hunting and for State park purposes as may hereafter be provided by Law; and the Land Commissioners is hereby directed to offer no portion of said land for sale nor to receive any bids therefor.

Sec. 2. The Commissioner of the General Land Office may lease any or all of said land for mineral purposes, as now provided by Law, but before the same shall be leased it shall be advertised in some newspaper published at Marshall or Jefferson Texas, stating what land is to be leased and the prices offered therefor; and such advertisement shall invite other and additional bids thereon, and the lease shall only be made to the highest bidder.

Sec. 1. All or any part of the Public Lands belonging to the State situated in and under the bed of Caddo Lake and the tributaries thereto and all or any part of such lands adjacent thereto shall be subject to lease for mineral development by the Commissioner of the General Land Office to any person, firm or corporation in accordance with the provisions of existing or future laws pertaining to the leasing and development of all islands, salt-water lakes, bays, inlets, marshes and reefs, owned by the State within tidewater limits, and that portion of the Gulf of Mexico within the jurisdiction of Texas, and all unsold public free school land, both surveyed and unsurveyed, in so far as same are not in conflict herewith.

Sec. 2. The development and operation upon the lands included herein shall be conducted so far as practicable in such manner as to prevent such pollution of the water as will destroy fish or wildlife. The Commissioner of the General Land Office, with the advice and assistance of the Game and Fish Commission, shall prescribe and enforce such rules and regulations as may be necessary for that purpose.

Secs. 1 to 8. Repealed by Acts 1977, 65th Leg., p. 2689, ch. 871, art. I, � 2(a)(1), eff. Sept. 1, 1977.

Sec. 8�A. The beds of rivers and channels belonging to the State shall be subject to development by the State and to lease or contract for the recovery of petroleum oil and/or natural gas, in tracts of such size as may from time to time be determined by the hereinafter created board, subject to the conditions contained in this Section.

Subsecs. 1 to 6a. Repealed by Acts 1977, 65th Leg., p. 2689, ch. 871, art. I, � 2(a)(1), eff. Sept. 1, 1977.

Subsec. 6b. As to any and each lease and/or contract heretofore made by the Board of Mineral Development, such Board shall be, and it is hereby, authorized and empowered to revise the same, with the consent of the lessees and/or contracting parties thereunder, their heirs, successors or assigns, in such wise as to subject such lease and/or contract thenceforth to the public policy declared in Subsection 6a. Such revision shall be accomplished by supplemental or modificatory instrument on such terms as the Board of Mineral Development may deem fair and advantageous to this State, but only after a proposal for such revision shall be formally made, in a public document, to the said Board of Mineral Development, by the lessees and/or contracting parties under such lease and/or contract, their heirs, successors or assigns; and provided that in consideration of the consent by such lessees and/or contracting parties, their heirs, successors or assigns, to such revision the Board of Mineral Development shall not reduce the State's share of the oil and/or gas to be received in the future under such lease and/or contract to less than one-fourth of the gross production of oil and/or gas from the land described in such lease and/or contract.

Provided that any revision made under this Act as referred to hereinbefore shall contain in such supplemental or modificatory instrument the power and authority on the part of the Board of Mineral Development to re-instate any money requirement or reduced royalty requirement at any time that in the opinion of the Board such re-instatement should, in view of the then existing conditions and fairness to the State of Texas under the original lease or contract, be made; and the Board of Mineral Development shall exercise such power whenever in its opinion the interest of the State of Texas requires the exercise of such power; provided, further that said Board may modify said contract as aforesaid by adjusting up or down from time to time the State's portion of said oil and/or money payment as the conditions hereinbefore set forth may justify and which may be equitable to the State and to said contractors or their assigns, but in no event shall the State's portion be less than one-fourth nor more than now provided in said contracts, and in no event shall the Board of Mineral Development have any authority to modify or change said original leases as to gas. Provided, further that no revision made under this Act shall release the lessees or their assigns from the payment to the State for any oil and/or gas produced or the delivery to the State of any oil produced and due the State under the original contracts and produced prior to the effective execution of any revision hereunder.

Provided further, that nothing in such revision shall in anywise relieve any lessee and/or contracting party from any obligation now existing to drill any well either as an offset or otherwise.

"And/or" as used in this Act shall mean and include both and either of the words "and" and "or."

Subsec. 6c. No change shall be made by the Board of Mineral Development that will relieve, release and/or suspend the lessees from the payment of any money and/or royalty now due and payable to the State for oil and/or gas produced to the date that the Board makes any change in the present existing lease contracts.

Subsecs. 7 to 14. Repealed by Acts 1977, 65th Leg., p. 2689, ch. 871, art. I, � 2(a)(1), eff. Sept. 1, 1977.

Secs. 9 to 12. Repealed by Acts 1977, 65th Leg., p. 2689, ch. 871, art. I, � 2(a)(1), eff. Sept. 1, 1977.

Acts 1931, 42nd Leg., p. 452, ch. 271; Acts 1931, 42nd Leg., 2nd C.S., p. 64, ch. 40; Acts 1933, 43rd Leg., p. 192, ch. 88; Acts 1933, 43rd Leg., p. 309, ch. 120, �� 1, 1a; Acts 1939, 46th Leg., p. 465, � 1; Acts 1941, 47th Leg., p. 596, ch. 365, � 1; Acts 1943, 48th Leg., p. 453, ch. 301, � 1; Acts 1953, 53rd Leg., p. 77, ch. 57, � 1; Acts 1957, 55th Leg., p. 434, ch. 209, � 1.

Sec. 1. The School Land Board, created by House Bill No. 9 of the Forty-sixth Legislature (being Title: Public Lands, Chapter 3, of the General Laws of the Forty-sixth Legislature, 1939,) is hereby authorized to grant and issue easements or surface leases to the United States of America in accordance with the conditions hereinafter set out, on any island, salt water lake, bay, inlet, or marsh within tidewater limits, and that portion of the Gulf of Mexico within the jurisdiction of the State of Texas, to be used exclusively for any purpose essential to the National Defense.

Sec. 2. When the proper authority or agency of the United States of America shall make application to the School Land Board describing the area which is deemed necessary for use in the National Defense said Board shall issue an easement or surface lease to the United States of America granting and conveying to it the free and uninterrupted use of the area described. Provided that before such lease or leases be granted in any county that the Board shall notify the County Judge of said county and shall fix a date for hearing at which time all interested persons may be heard in protest or otherwise. Such easement or surface lease shall be effective only so long as the area is used for the purpose of National Defense, and it shall cease and terminate and the State of Texas shall be revested with full title and possession of the area when same is no longer used for such purpose.

Sec. 3. The easements or surface leases granted hereunder shall be upon the express condition that the State of Texas shall retain all of the oil, gas, and other mineral rights in and under the area affected. The consideration to be paid for the use of said areas shall be agreed upon by the School Land Board and the United States of America and it shall be payable to the State of Texas on an annual basis.

Sec. 4. All leases for grazing purposes heretofore issued by the Commissioner of the General Land Office which are covered or partially covered by any easement or surface lease granted hereunder are hereby made subordinate to such easement or surface lease. If the lessee under any existing oil and gas lease heretofore granted by the State on any area affected by an easement or surface lease granted hereunder, shall file or cause to be filed in the General Land Office an agreement, subordinating to the easement or surface lease granted hereunder all rights held by such lessee under such oil and gas lease, then and in that event the running of both the primary and principal terms of such lease shall be suspended during the existence of such easement or lease; provided, however, that lessee continues the annual rental payment stipulated in the lease during such suspended period. Such oil and gas lease shall remain in status quo, and all obligations, duties, rights and privileges existing under such lease shall be inoperative and of no force and effect until the expiration of said easement or surface lease, at which time said oil and gas lease shall again become operative and all of the obligations, duties, rights and privileges, including the payment of rentals under same, shall again attach and be in force as they were on the date of the suspension and continue for the unexpired term of such lease. The School Land Board shall give notice immediately to such lessees that their leases are again in force when said easement or surface lease has terminated; provided, however, that the annual rental payments have been met.

Sec. 5. All areas on which there now exists oil, gas, or other mineral production are specifically excluded from the terms of this Act.

All patents issued prior to the effective date of Article 5421�c as amended by House Bill No. 9 of the Forty-sixth Legislature, such effective date being September 21, 1939, by the authority of the State, under the seal of the State and of the Land Office, signed by the Governor and countersigned by the Commissioner of the General Land Office to parties who for a period of ten (10) years prior to the date of application for the patent had held and claimed the same in good faith, under the provisions of Section 5 of Chapter 271, Acts of the Forty-second Legislature, Regular Session, are hereby ratified and title validated and confirmed in such patentees, their heirs or assigns, subject only to the mineral reservation as contained in Section 4, Chapter 271, Acts of the Forty-second Legislature, Regular Session, and without regard to whether or not such land was located within five (5) miles of a well producing oil or gas in commercial quantities at the time of such patent.

The time for the payment of all notes or obligations executed by purchasers of school land for the unpaid balance of principal due the state thereon which are due or will become due prior to November 1, 1966, is hereby extended to November 1, 1971, subject to all the pains and penalties provided in the Acts under which the purchases were made; provided that the extension of time herein granted shall apply only to installments of principal, and shall not apply to any installments of interest; and provided further, that the unpaid balances of principal upon which an extension of time for payment is hereby granted shall bear interest during said period of extension at the rate of one percent (1%) per annum higher than originally provided for, and past due installments of interest shall bear interest at the rate provided for in Section 7, Chapter 271, General Laws, Regular Session, 42nd Legislature. In cases wherein fifty percent (50%) or more of the balance of principal remaining unpaid has been paid by November 1, 1971, then a further extension until November 1, 1981, shall be granted for the payment of the remainder, subject to the conditions herein made to the extension to November 1, 1971.

Sec. 1. (a) The School Land Board in conjunction with the General Land Office is authorized to trade fee and lesser interests in Public Free School Fund Lands for fee and lesser interests in lands not dedicated to the Public Free School Fund upon a decision by the School Land Board and the Commissioner of the General Land Office that such trade or trades are in the best public interest of the People of Texas. Such trade or trades may be made either for the purpose of aggregating sufficient acreage of contiguous lands to create a manageable unit; for acquiring lands having unique biological, geological, cultural, or recreational value; or to create a buffer zone for the enhancement of already existing public land, facilities, or amenities. Such trades shall be on an appraised value basis (such appraisal to be made by appraisers of the General Land Office and concurred in by the School Land Board, and such appraisal shall be conclusive proof of the value of the land). The trades shall be for land of at least equal value. Such trades shall be by a deed to be signed jointly by the Commissioner of the General Land Office and the Governor. Failure of the Governor to sign such a deed constitutes his veto of the proposed trade, and the proposed trade shall not be made.

(b) All lands acquired by trade under the authority of this Act shall be dedicated to the Public Free School Fund.

Sec. 1A. If the State of Texas retains the subsurface mineral rights to all oil, gas, and other minerals in public free school fund land traded under Section 1 of this Act, an unrestricted right of ingress to and egress from the land by the state and its lessees shall be retained for the purpose of exploration, development, and production of the oil, gas, and other minerals to which rights are retained by the state. The state is entitled to lease the subsurface mineral rights retained under this section in the same manner and under the same conditions as subsurface mineral rights in permanent school fund land in which the state owns the surface title and the subsurface mineral rights. A lessee of the subsurface mineral rights retained under this section is liable to the owner of the land for actual damages to the land that may occur as a result of exploration for and development and production of the oil, gas, and other minerals to which rights are retained under this section. Notwithstanding anything to the contrary in this article, the School Land Board, in order to consummate a trade of equal value, is given the discretionary right to convey the surface estate and to reserve all the oil, gas, and other minerals with the surface owner acting as agent for the state under what is commonly known as the Relinquishment Act, thereby receiving one-half the bonus, rental, and royalty as agent for the state in leasing the land and for surface damages in the leasing of oil and gas. The surface owner shall also receive 40 percent of the bonus, rental, and royalty for leasing and as compensation for surface damages for all leases negotiated by such agent covering sulphur, coal, lignite, uranium, and potash as set out under Chapter 16, Acts of the 62nd Legislature, Regular Session, 1967, as amended (Article 5421c�10, Vernon's Texas Civil Statutes).

Sec. 2. In the event any such trade or trades be made, the School Land Board shall report each trade to the succeeding legislature, setting out such facts as warranted the trade or trades.

Sec. 3. The authority granted by this Act to trade Public Free School Fund Lands shall expire on December 31, 1982, and no trades shall be made after that date.

Sec. 4. All other laws or parts of laws in conflict with this Act are repealed to the extent of the conflict.

Sec. 5. The provisions of this Act are severable. If any word, phrase, clause, sentence, section, provisions, or part of this Act should be held to be invalid or unconstitutional, it shall not affect the validity of the remaining portions, and it is hereby declared to be the legislative intent that this Act would have been passed as to the remaining portions, regardless of the invalidity of any part.

Acts 1973, 63rd Leg., p. 1631, ch. 590, eff. June 15, 1973. Secs. 1 to 3 amended by Acts 1975, 64th Leg., p. 1296, ch. 487, � 1, eff. Sept. 1, 1975; Sec. 1(a) amended by Acts 1977, 65th Leg., p. 824, ch. 307, � 2, eff. Aug. 29, 1977; Sec. 1A added by Acts 1977, 65th Leg., p. 823, ch. 307, � 1, eff. Aug. 29, 1977; Sec. 3 amended by Acts 1979, 66th Leg., p. 73, ch. 47, � 1, eff. April 11, 1979.

Sec. 1. That the Commissioner of the General Land Office is authorized and requested to prepare and issue, and the Governor is authorized to execute and deliver, patents for the lands and accretions thereto, heretofore claimed by New Mexico to be in that state, but determined by the Supreme Court of the United States by Decree entered April 9, 1928 (New Mexico against Texas, 276 U.S. 556) to be in Texas, to the persons who, on April 9, 1928, were in actual bona fide possession of said lands and claiming title to such lands under patent from the United States.

Sec. 2. In order to receive a patent under this Act, the person desiring such patent shall first make written application to the Commissioner of the General Land Office, describing the land for which a patent is sought and shall show in such application the facts necessary under this Act to entitle applicant to a patent hereunder, and the applicant shall verify the allegations in the application by any accompanying Affidavit, stating that such allegations are true to the best of the knowledge and belief of the applicant, and it shall be necessary that any such application be filed in the office of the Commissioner of the General Land Office within five (5) years from the date upon which this Act goes into effect, and the applicant shall, upon filing said application, deposit with the Commissioner of the General Land Office One Dollar ($1.00) for each acre or fractional part of an acre in the land covered by the application, which shall constitute the purchase price for said land, and upon the delivery of any patent to any person under this Act, the purchase price shall be applied to the Public School Fund of the State of Texas.

Sec. 3. It is further provided that any land acquired by the patent issued under this Act shall be subject to the same liens other than liens for taxes and water and like quasi public charges that would have been against such land had it been in New Mexico.

Sec. 4. It is provided that patents issued under this Act shall be merely quitclaims, and the title conveyed by such patents shall be subject to any prior conveyances by this State, and the patents shall so read.

Sec. 5. As used in this Act, the term "person" applies to and includes an individual, corporation, partnership, or association.

The time for the payment of all notes or obligations executed prior to November 1, 1901, by purchasers of school land for the unpaid balances of principal due the State thereon is hereby extended for a period of ten (10) years from and after the passage of this Act, subject to all the pains and penalties provided in the Acts under which the purchases were made, provided that the extension of time herein granted shall apply only to installments of principal, and shall not apply to any installment of interest; and provided further that the unpaid balances of principal upon which an extension of time for payment is hereby granted shall bear interest during said period of extension at the rate provided for in the contract of purchase hereby extended, and past due installments of interest shall bear interest at the rate provided for in Section 7, Chapter 271, General Laws, Regular Session, Forty-second Legislature.

The time for the payment of all notes or obligations executed by purchasers of school land for the unpaid balance of principal due the State thereon which are due or will become due prior to November 1, 1951, is hereby extended to November 1, 1951, subject to all the pains and penalties provided in the Acts under which the purchases were made, provided that the extension of time herein granted shall apply only to installments of principal, and shall not apply to any installment of interest; and provided further that the unpaid balances of principal upon which an extension of time for payment is hereby granted shall bear interest during said period of extension at the rate provided for in the contract of purchase hereby extended, and past due installments of interest shall bear interest at the rate provided for in Section 7, Chapter 271, General Laws, Regular Session, Forty-second Legislature.

The purchasers or their vendees, heirs or legal representatives who have used, occupied, and made improvements on lands prior to the date of forfeiture, and which lands have been forfeited under the provisions of Article 5326, Revised Civil Statutes of Texas as amended by said House Bill No. 56; and who shall have, within six months after the expiration of the five year limitation period provided for reinstatement in Section 3 of said House Bill No. 56, and prior to January 1, 1947, paid or tendered payment to the Commissioner of the General Land Office of all delinquent interest, accompanied by written requests for reinstatement, may have their claims reinstated by renewing such requests and paying all delinquent interest up to the date of reinstatement.

Acts 1941, 47th Leg., p. 351, ch. 191, � 3�A, added Acts 1947, 50th Leg., p. 275, ch. 169, � 1.

Sec. 1. All right, title and interest of the State of Texas in and to all land within the area hereinafter mentioned, hitherto lying and situated under the waters of Corpus Christi Bay for and in consideration of the sum of Ten Thousand Dollars ($10,000) cash, is hereby relinquished, confirmed and granted unto the said City of Corpus Christi, its successors and assigns, for public purposes, to-wit:

Being all of that filled-in land lying and being situated in Nueces County, Texas, landward behind the seawall and easterly of the shoreline of Corpus Christi Bay as shown in Survey No. 803 and in the patent from the State of Texas to the City of Corpus Christi, Texas, said patent being dated January 4, 1924, and being Patent No. 86, Volume 21�A.

Sec. 2. All exchanges, sales and conveyances hitherto made by the City of Corpus Christi of property within the area described in Section 1 are hereby ratified; and such property is confirmed, relinquished and granted unto the respective assignees of the City of Corpus Christi, and to their heirs, successors, and assigns, without limitation as to the use thereof to be made by them.

Sec. 3. All exchanges of property, sales of property and conveyances thereof that may be made in the future by the City of Corpus Christi of property, within the area described in Section 1, that has been laid out and platted into lots, blocks or tracts for uses of private ownership as shown on a plat of the Bay Front Plan of said City of Corpus Christi, on file in the General Land Office of Texas and that may be necessary to adjust the titles and boundaries between the City and other owners are hereby authorized and said City of Corpus Christi is hereby empowered to make such exchanges, sales and conveyances; and all such property as may be so exchanged, sold and conveyed, is hereby confirmed, relinquished and granted unto the respective assigns of the City of Corpus Christi, and to their heirs, successors and assigns forever, without limitation as to use thereof to be made by them.

Sec. 4. The consideration for this land shall be paid to the Commissioner of the General Land Office of the State of Texas for the benefit of the Permanent Public Free School Fund; and a patent to said lands shall be issued to the City of Corpus Christi by the Governor and the Commissioner of the General Land Office of the State of Texas. Upon the payment of the said consideration and the issuance of said patent, the title of the City of Corpus Christi to the said lands shall become absolute, subject to the reservations herein made.

Sec. 5. All mines and minerals, and the mineral rights including oil and gas are hereby specially reserved to the State under that part of said area described in Section 1, which has been filled, laid out and constructed for use by the City of Corpus Christi as streets, public drives, parks, boulevards, and seawall, and all minerals and mineral rights under the remainder of said land are hereby relinquished and released unto the City of Corpus Christi and its assigns.

Sec. 6. This Act shall be and is cumulative of all former grants and authorities from the State of Texas to the City of Corpus Christi.

All property transferred by the State of Texas to the City of Corpus Christi by the provisions of Chapter 253, Acts of the 49th Legislature, Regular Session, 1945, may be leased by the governing body of the City of Corpus Christi for such time and under such terms and conditions and for such purposes as determined by the governing body of the City of Corpus Christi to be to the best interest of the city. The governing body of the City of Corpus Christi shall lease such property in accordance with the procedure prescribed by the charter of the City of Corpus Christi for leasing lands owned by the city.

Sec. 1. The City of Corpus Christi is hereby authorized and given the power and authority to lease those certain submerged lands described in Section 4 herein and heretofore relinquished by the State of Texas to the City of Corpus Christi, to any person, firm or corporation, owning lands, land fill or shore area adjacent to the described submerged lands, without restriction as to public or private use thereof, upon whatever terms and conditions the governing body of the City of Corpus Christi deems proper, for any period or term not to exceed fifty (50) years.

Sec. 2. The rights and appurtenances vesting in a Lessee of the City of Corpus Christi in and to those submerged lands shall be limited only by such limitations as might be imposed in the lease which the City of Corpus Christi deemed proper and in the best interest of the City of Corpus Christi; provided that any lease shall contain a provision prohibiting the Lessee, or assigns thereof, from erecting or maintaining thereon any structure or structures, such as buildings, with the exceptions of yacht basins, boat slips, piers, dry-docks, breakwaters, jetties or the like; and provided further that the right to use the waters embraced by the lease shall be reserved to the public, though the boat slips, piers, dry-docks, and the like may be limited to the private use of the Lessee.

Sec. 3. The power and authority granted hereunder to the City of Corpus Christi with respect to the submerged lands described in Section 4 may be exercised only after local referendum election at which a majority of those qualified and voting favor approving the passage of the ordinance authorizing such lease.

Sec. 4. This Act pertains to a strip of submerged land having dimensions of 500 feet by approximately 2050 feet, having as its West line the East line of the C.G. Glasscock 22.39 acre tract (as such tract is reflected on the map or plat prepared by J.M. Goldston under his certificate of September 8, 1954, and being a survey of the C.G. Glasscock property attached as Exhibit "A" to exchange deed between the City of Corpus Christi, Texas, and the said C.G. Glasscock dated February 2, 1955, recorded in Volume 674, Page 193 of the Deed Records of Nueces County, Texas); having as its East line a line run parallel to and 500 feet East of (measured at right angles) the East line of the C.G. Glasscock 22.39 acre tract above referred to; having as its South line an Easterly projection of the South line of the C.G. Glasscock 22.39 acre tract above referred to from the Southeast corner of said tract (identified by new 2_ I.P.) to the point of intersection with the East line above referred to; and having as its North line an Easterly projection of the center line of Buford Street commencing with a new 2_ I.P. located at the intersection of the extension of the center line of Buford Street with the East line of the C.G. Glasscock 22.39 acre tract and continuing along a projection of said center line to the point of intersection with the East line of this tract as above defined.

Sec. 5. This Act shall not be construed to grant or convey to the City of Corpus Christi the title to any oil, gas or other mineral which was not already owned by the City of Corpus Christi at the enactment hereof.

Sec. 6. If any laws or parts of laws are in conflict with the provisions of this Act, then the provisions of this Act shall control.

Sec. 1. In order that the Texas Transportation Commission may have title to and control of the more or less submerged right of way necessary for the construction and maintenance of a proposed Causeway and its Approaches, across Nueces Bay and the Pass connecting Nueces Bay and Corpus Christi Bay in San Patricio and Nueces Counties, as described in Section 2 of this Act, and as shown on the right of way map on file in the Texas Department of Transportation at Austin, Texas, and entitled, Control 101�5 & 6 in San Patricio and Nueces Counties, Causeway across Nueces Bay and the Pass connecting Nueces Bay with Corpus Christi Bay on Highway U. S. 181 from Beach Drive in Portland, San Patricio County, and North Beach in Corpus Christi, Nueces County, the State hereby conveys title to and control of the submerged right of ways described in Section 2 of this Act, and as shown on the right of way map above stated, but no part of this Act is to be construed so as to interfere nor conflict with the rights and authority of the Parks and Wildlife Commission, except that the Texas Transportation Commission shall have the full right and authority to take and use, at any time and in any quantity desired, any and all materials within the limits of these tracts, and is exempted from the payment of any and all compensation for any and all materials taken therefrom.

Sec. 1 amended by Acts 1995, 74th Leg., ch. 165, � 22(16), eff. Sept. 1, 1995.

Sec. 2. Field Notes of a survey of 385.638 acres, more or less, of submerged lands and tidewater flats, and situated under the waters of Nueces Bay between Engrs. centerline Sta. 774/50 and Sta. 991/20, about Latitude 27_51_ North and Longitude 97_22_ West, taken from U.S.C. & G.S. Chart No. 1117, and being more particularly described as follows:

Sec. 1. In order that the expansion and improvement program of the State Highway Commission may be carried forward in an orderly and expeditious manner the title to and control of that certain narrow strip of land consisting of six (6) separate tracts or parcels and being 4.89 acres, more or less, owned by the State of Texas and the Texas State College for Women, are hereby transferred and conveyed to the Texas Highway Commission for the widening and material improvement of State Highway No. 24 in Denton County, Texas, from North Locust Street in the City of Denton easterly to the Denton-Collin County Line, as shown on the right-of-way map on file in the State Highway Department at Austin, Texas, and more particularly described as follows, to wit:

Sec. 2. The fact that the improvement and widening of State Highway No. 24 from a point on North Locust Street in the City of Denton easterly to the Denton-Collin County Line has been long delayed because of the inability of the State Highway Commission to obtain the right of way necessary for the widening and improvement of such Highway, creates an emergency and imperative public necessity that the Constitutional Rule requiring bills to be read on three separate days in each House be suspended, and said Rule is hereby suspended, and this Act shall take effect and be in force from and after its passage, and it is so enacted.

Sec. 1. In order that the Texas Transportation Commission may have title to and control of the more or less submerged right of way necessary for the construction, reconstruction and maintenance of the Causeway and its Approaches across Cayo del Oso in Nueces County, as described in Section 2 of this Act, and as shown on the right-of-way map on file in the Texas Department of Transportation at Austin, Texas, and entitled Project ARMR 5A(1) Control 617�1�1, State Highway No. 358, Nueces County, from U. S. Naval Air Base on Encinal Peninsula to Junction with State Highway No. 286, the State hereby conveys to the Texas Transportation Commission title to and control of the submerged right of way described in Section 2 of this Act, and as shown on the right-of-way map above stated, but no part of this Act is to be construed so as to interfere nor conflict with the rights and authority of the Parks and Wildlife Commission, except that the Texas Transportation Commission shall have the full right and authority to take and use, at any time and in any quantity desired, any and all materials within the limits of this tract, and is exempted from the payment of any and all materials taken therefrom; provided, however, that all mineral rights, together with the right to explore for and develop same by directional drilling are reserved to the State of Texas.

Sec. 1 amended by Acts 1995, 74th Leg., ch. 165, � 22(17), eff. Sept. 1, 1995.

Sec. 2. The conveyance hereby made shall consist of a tract of more or less submerged land and tidewater flats, situated under the waters of Cayo del Oso between Engineers centerline Station 130 + 32.8 and Station 169 + 54.0 of State Highway No. 358, said tract being a strip of land 1000 feet wide, 500 feet on each side of the centerline of this right-of-way survey which extends from the Flour Bluff Naval Station to Junction with State Highway No. 286, 3.65 miles south of Corpus Christi, said tract extending for a distance of 3921.2 feet, the centerline being more particularly described as follows:

Sec. 1. The sale by the State of Texas to the City of Corpus Christi of 986.97 acres of land in Nueces County, known as Tract C, as shown on a map entitled Sheet No. 1, Laguna Madre, Subdivision for Mineral Development, dated November 1, 1948, and revised September 12, 1951, by addition of Cayo Del Oso Subdivision, which land is described by metes and bounds in that certain patent heretofore issued to said City, being Patent No. 158, Volume 29�B, dated June 11, 1959, is hereby in all things confirmed and validated so that all right, title and interest of the State of Texas in and to all of the land described in said patent, submerged and unsubmerged, shall be and is hereby relinquished, confirmed and granted unto the City of Corpus Christi, its successors and assigns, and such land shall be vested in the City of Corpus Christi subject only to the conditions, limitations and restrictions contained and imposed by the provisions of this Act, which shall entirely supersede the conditions and restrictions referred to in said patent.

Sec. 2. All minerals and mineral rights in, on and under said land are hereby reserved unto the State of Texas for the use and benefit of the Permanent School Fund, provided, however, that in the event of discovery of oil or gas in said land, drilling operations thereon shall be restricted so that not more than one well productive of oil or gas shall be drilled for each one hundred sixty (160) productive acres, and all operations at each such well shall be confined to an area or areas of four (4) acres at and including the well site.

Sec. 3. In the event of any conflict or claim of conflict between the boundaries of the tract of land described in such patent and the boundaries or claimed boundaries of previously validly titled land owned or claimed by private persons, the City of Corpus Christi is hereby authorized in its own behalf and as agent for the State of Texas to take proper action to resolve such conflict or claim of conflict, without cost or expense, however, to the State of Texas. Without limiting the authority of said City otherwise herein granted or which it has by reason of its ownership, said City is hereby authorized to file suit in the name of the State of Texas to secure a judicial determination of said boundaries; and said City is further authorized to establish the boundaries between the tract covered by said patent and any adjoining private owner or claimant by agreement, which boundary agreement or agreements shall be set forth in writing and shall be effective when approved by ordinance of said City adopted for such purpose. In the event of any change in the boundaries of said tract as a result of judicial decree or by agreement in accordance herewith, corrected field notes of said tract shall be filed in the General Land Office and a corrected patent shall be issued to the City of Corpus Christi, its successors and assigns, subject to the provisions of this Act.

Sec. 4. The City of Corpus Christi, its agents or assigns shall improve such portions of the land covered by said patent or any corrected patent as such city, its agents or assigns, deems suitable and proper therefor. Such improvement shall consist of the raising or filling to a height of at least three (3) feet above the level of mean high tide, except for such part as may be devoted to channels, canals, or waterways. Title to any portion of such land (except that devoted to channels, canals, or waterways) that has not been so improved by filling to such height before July 1, 1977, shall revert to the State of Texas, and from and after that date neither said city nor its assigns shall have any right, title, claim, or interest to such portion which has not been so improved. No title shall revert, however, to the State of Texas as to any portion or portions which are filled to such height before July 1, 1977, including portions which are devoted to channels, canals, or waterways appurtenant to or used in connection with any portion so improved.

Sec. 4 amended by Acts 1965, 59th Leg., p. 91, ch. 34, � 1, eff. Aug. 30, 1965; Acts 1971, 62nd Leg., p. 1414, ch. 392, � 1, eff. May 26, 1971.

Sec. 5. Said city may retain all or any part of the land subject to this Act, and it may convey all or any part or parts of such land to others. As to each tract or parcel of land which the city conveys to another or others, each such conveyance or conveyances shall:

(A) Contain a condition subsequent, which shall provide that such grantee or grantees shall by the date specified in the conveyance, which date shall in no event be later than July 1, 1977, improve the particular tract or parcel of land included in such conveyance to the extent that it will be filled to a height of at least three (3) feet above mean high tide, except for such portions thereof as may be devoted to channels, canals, or waterways. If the date specified in the conveyance is a date prior to July 1, 1977, such condition subsequent shall provide that if said condition is breached, title to the tract or parcel of land covered by said conveyance that is not so improved (except for such portions as may be devoted to channels, canals, or waterways) shall revert to the City of Corpus Christi, and the right of reentry retained by said city in the conveyance shall be immediately exercised; and said city may thereafter retain such portion or portions of such tract or parcel, or may convey such portion or portions in the same manner as provided above. If the date specified in the conveyance is July 1, 1977, such condition subsequent shall provide if said condition is breached, title to such portion or portions of the tract or parcel of land covered by said conveyance that are not so improved (except for such portions as may be devoted to channels, canals, or waterways) shall revert to the State of Texas;

(B) Provide that such portion or portions of the tract or parcel of land covered by the conveyance which have been so improved, including such portions thereof as may be devoted to channels, canals, or waterways appurtenant to or used in connection with any portion so improved, shall, upon the written application to the City of Corpus Christi describing the improved area and the area devoted to channels, canals, or waterways appurtenant or used in connection therewith, be by the city by ordinance or resolution released of the condition subsequent and a proper recordable release shall be executed and delivered. Any such ordinance or resolution of said city shall be binding upon all parties concerned, including the State of Texas, as to the making of the improvements in accordance herewith; provided, however, that in the event the City of Corpus Christi conveys or leases all or any part of said land to any other person, persons, firms, corporation or entity of any nature, said city shall pay to the Texas Permanent Free School Fund a sum equal to one-half (�) of the reasonable market value thereof.

Sec. 5 amended by Acts 1965, 59th Leg., p. 91, ch. 34, � 2, eff. Aug. 30, 1965; Acts 1971, 62nd Leg., p. 1414, ch. 392, � 2, eff. May 26, 1971.

Sec. 6. The City of Corpus Christi is hereby authorized to prepare or approve plans for the improvements covered by this Act, and to make and enter into such agreements or contracts relating to such improvements as in the judgment of the governing body thereof may be necessary or desirable, and such agreements or contracts may be with grantees or prospective grantees of all or any portion of the land subject to this Act, or other parties.

Sec. 7. The land subject to this Act, as identified in Section 1 hereof, shall henceforth be held subject to the provisions of this Act and all laws or parts of laws in conflict herewith are hereby repealed or modified to the extent of such conflict.

Sec. 8. This Act shall be and is cumulative of all former grants and authorities from the State of Texas to the City of Corpus Christi.

From and after the effective date of this Act the control and management of, and all rights, privileges, powers and duties in connection with the property owned by the State of Texas and located on the west side of Red River Street between East Nineteenth and Eighteenth Streets, being the East One-half (�) of Outlot No. Sixty-three (63), consisting of Lots Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13) and Fourteen (14) of Division "E" of the City of Austin, Travis County, Texas, which were formerly vested in and exercised by the State Board of Control, shall be transferred to, vested in, and exercised by the Board of Regents of The University of Texas, and hereafter, the aforesaid property shall be used for the purposes and activities of The University of Texas.

Any oil, gas and mineral lease, or oil and gas lease, heretofore granted for a valid consideration by any city, including home rule cities, town, village, county or any of the following political subdivisions of this state: water control and improvement districts, water control and preservation districts, water control districts, water improvement districts, water power control districts, water supply district, or irrigation districts, shall not be cancelled or held void or voidable because the lessor in any such lease or leases has failed to give notice by newspaper published in the county in which the leased lands are located of the intention to grant any such oil, gas and mineral lease, or oil and gas lease, on lands belonging to such lessor, stating the time and place where bids for such leases were to have been received; provided, however, that such lease or leases may be declared void or voidable for any other cause; and provided further, that nothing herein contained shall be construed as affecting pending litigation in which the validity of any such lease or leases is being questioned for any reason, including the failure to give such newspaper notice.