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Texas Vernon's Texas Civil Statutes - Article 5421c. Regulating Sale And Lease Of School Lands, Public Lands And River Bed; Board Of Mineral Development Created

Legal Research Home > Texas Laws > Vernon's Texas Civil Statutes > Texas Vernon's Texas Civil Statutes - Article 5421c. Regulating Sale And Lease Of School Lands, Public Lands And River Bed; Board Of Mineral Development Created

Art. 5421c. REGULATING SALE AND LEASE OF SCHOOL LANDS, PUBLIC 
LANDS AND RIVER BED;  BOARD OF MINERAL DEVELOPMENT CREATED.  Secs. 
1 to 8. Repealed by Acts 1977, 65th Leg., p. 2689, ch. 871, art. I, 
Sec. 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.
	Subsections 1 to 6a. Repealed by Acts 1977, 65th Leg., p. 
2689, ch. 871, art. I, Sec. 2(a)(1), eff. Sept. 1, 1977.
	Subsection 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."
	Subsection 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.
	Subsections 7 to 14. Repealed by Acts 1977, 65th Leg., p. 
2689, ch. 871, art. I, Sec. 2(a)(1), eff. Sept. 1, 1977.
	Secs. 9 to 12. Repealed by Acts 1977, 65th Leg., p. 2689, ch. 
871, art. I, Sec. 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, Sec. 1, 1a;  Acts 1939, 46th Leg., 
p. 465, Sec. 1;  Acts 1941, 47th Leg., p. 596, ch. 365, Sec. 1;  Acts 
1943, 48th Leg., p. 453, ch. 301, Sec. 1;  Acts 1953, 53rd Leg., p. 
77, ch. 57, Sec. 1;  Acts 1957, 55th Leg., p. 434, ch. 209, Sec. 1.

Last modified: August 11, 2007