Texas Natural Resources Code - Section 11.071. Recovery Of Value Of Minerals And Timber

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§ 11.071. RECOVERY OF VALUE OF MINERALS AND TIMBER.  (a) 
At least semiannually, the commissioner and the county attorney of 
each county shall report to the attorney general the name and 
address of each person who has taken any minerals or other property 
of value from public land or who has cut, used, destroyed, sold, or 
otherwise appropriated any timber from public land and shall report 
any other data within their knowledge.  The county attorneys also 
shall assist the attorney general relating to these matters in any 
manner he requests.
	(b)  The attorney general shall file suit in any county in 
which all or part of the injury occurred or in the county in which 
the defendant resides to recover the value of the property, or with 
the consent of the governor, the attorney general may compromise 
and settle any of these liabilities with or without suit.
	(c)  The attorney general shall pay all amounts collected or 
received by him to the permanent funds to which they belong.
	(d)  From amounts recovered by suit, the attorney general 
shall receive a fee of 10 percent and the county attorney shall 
receive a fee of five percent, and from amounts recovered by 
compromise, the attorney general and county attorney shall each 
receive one-half of the fees to be taxed against the defendant as 
costs.  No county attorney may receive compensation from cases not 
reported by him to the attorney general.
	(e)  Except as otherwise provided by law, no person may use 
for his benefit or cut or remove any mineral, plant, or anything of 
value located on land belonging to the permanent school fund 
without proper authority from the commissioner.
	(f)  In addition to any other penalties provided by law, a 
person violating the provisions of Subsection (e) of this section 
shall be liable for a civil penalty of not more than $10,000 for 
each thing of value cut, used, or removed.  All civil penalties 
collected under this subsection shall be credited to the permanent 
school fund.

Acts 1977, 65th Leg., p. 2352, ch. 871, art. I, § 1, eff. Sept. 1, 
1977.  Amended by Acts 1987, 70th Leg., ch. 208, § 9, eff. Aug. 
31, 1987.

Last modified: August 10, 2007