Texas Natural Resources Code Title 2, Chapter 51 - Land, Timber, And Surface Resources

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B PROVISIONS GENERALLY APPLICABLE

• Texas Section 51.001 - Definitions
  In this chapter: (1) "Commissioner" means the Commissioner of the General Land Office. (2) "Land office" means the General Land Office. (3) "Board" means the...
• Texas Section 51.011 - Management Of Public School Land
  (a) Any land, mineral or royalty interest, real estate investment, or other interest, including revenue received from those sources, that is set apart to the...
• Texas Section 51.012 - Commissioner's Authority
  Subject to the authority of the board and to exceptions and restrictions that may be imposed by the constitution and laws of this state, the...
• Texas Section 51.0125 - Land Used By State Agency
  Land that belongs to the permanent school fund as a result of having been deeded or given to the state and that has been used...
• Texas Section 51.013 - Classification Of Land
  (a) As the public interest may require, the commissioner shall classify or reclassify all public school land and shall include a designation of the land,...
• Texas Section 51.014 - Rules
  The commissioner may adopt rules necessary to carry out the provisions of this chapter and may alter or amend the rules to protect the public...
• Texas Section 51.015 - Forms
  The commissioner shall adopt forms that are necessary or proper to transact business that he is required to transact and may request that the attorney...
• Texas Section 51.016 - Duties Of The Attorney General
  The attorney general shall furnish the commissioner with advice and legal assistance that may be required to execute the provisions of this chapter. Acts 1977,...
• Texas Section 51.017 - Furnishing Data To Board Of Education
  On request, the commissioner shall furnish to the State Board of Education all available data. Acts 1977, 65th Leg., p. 2418, ch. 871, art. I,...
• Texas Section 51.018 - Records And Accounts
  The commissioner shall keep in his custody as records of his office each application, affidavit, obligation, and paper relating to the sale and lease of...
• Texas Section 51.019 - Special Fee
  Each bidder on a mineral lease or land sale by the board shall remit by separate check a special sale fee in the amount and...

SUBCHAPTER C SALE OF PUBLIC SCHOOL AND ASYLUM LAND

• Texas Section 51.020 - Refunds
  (a) On presentation of proper proof, money paid in good faith to a fund in the State Treasury for public land or by a lessee...
• Texas Section 51.051 - Sale Of Land
  All sales of land described in Section 51.011 shall be made by or under the direction of the school land board. Acts 1977, 65th Leg.,...
• Texas Section 51.052 - Conditions For Sale Of Land
  (a) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1175, Sec. 33(2), eff. June 19, 2009. (b) A purchaser of land under this subchapter may...
• Texas Section 51.054 - Reservation Of Minerals
  (a) Except as otherwise provided in this section, land dedicated to the permanent school fund shall be sold subject to a reservation set by the...
• Texas Section 51.0551 - Lists Of Public Land Offered For Sale: Criminal Penalties
  (a) A person, including a corporation or an association, commits an offense if he reproduces, prints, or prepares or sells or furnishes a printed, multigraphed,...
• Texas Section 51.056 - Application Or Request To Purchase Land
  A person who wants to purchase public school land shall submit to the commissioner a written application or request in a form designated by the...
• Texas Section 51.065 - Notice And Record Of Sale
  (a) The commissioner shall notify the county clerk of the proper county of the sale of each tract of land, the name and address of...
• Texas Section 51.066 - Land Award
  (a) The commissioner shall prepare and issue a land award for each tract of sovereign land sold. (b) Each land award shall be appropriately numbered...
• Texas Section 51.067 - Information Required With Payments
  A person who is making a payment of principal, interest, or lease rental on land shall give the name of the original purchaser or lessee...
• Texas Section 51.068 - Fund Accounts
  (a) Payments of principal, interest, and lease rental shall be accounted for in a similar form but separate from first payments on land. (b) The...
• Texas Section 51.069 - Disposition Of Payments On Public School Land
  Payments on public school land received by the commissioner, including payments received as interest on the purchase of public school land, shall be transmitted to...
• Texas Section 51.070 - Unpaid Principal On Public School Land Sales
  (a) Unpaid and delinquent principal on sales of public school land shall bear interest at a rate set by the board, which principal and interest...
• Texas Section 51.071 - Forfeiture Of Land
  (a) If principal, accrued interest, late charges, and other fees and expenses on a sale of sovereign land are not paid when due as required...
• Texas Section 51.072 - Effect Of Forfeiture
  In cases of forfeiture, the original obligations and reinstatement fees are as binding as if no forfeiture occurred. Acts 1977, 65th Leg., p. 2423, ch....
• Texas Section 51.073 - Classification And Sale Of Leased And Forfeited Land
  Before it is sold, the commissioner shall classify and determine the market value of land on which leases have expired and land forfeited to the...
• Texas Section 51.074 - Reinstatement Of Land Purchases
  (a) If no rights of third persons have intervened, the purchasers or their vendees, heirs, or legal representatives, who claim land that has been forfeited...
• Texas Section 51.075 - Forfeiture Of A Deceased Purchaser's Land
  (a) If a purchaser of land dies, the heirs or legal representatives of the deceased have one year following November 1 after the purchaser's death...
• Texas Section 51.076 - Legal Proceedings
  None of the provisions of Sections 51.071 through 51.072 and 51.074 through 51.075 of this code shall prevent the state from instituting legal proceedings necessary:...
• Texas Section 51.077 - Lien
  To secure the payment of principal and interest due on a sale of public school land and university land the state has an express lien...
• Texas Section 51.0771 - Reinstatement Fee
  (a) A reinstatement fee is due when a forfeited award is reinstated. The reinstatement fee is calculated at one and one-half percent of all amounts...
• Texas Section 51.078 - Transfer Of Indebtedness
  (a) If a person or the Federal Farm Loan Bank, with the consent of the owner of land covered by Section 51.077 of this code,...
• Texas Section 51.079 - Transfers Generally
  (a) An owner of public school land purchased from the state may sell the land or a definite portion of the land in any size...
• Texas Section 51.080 - Personal Transfers
  (a) A vendee who obtains through personal transfer a whole survey or a whole portion of a survey purchased from the state as a whole...
• Texas Section 51.081 - Transfers Other Than Personal Transfer
  A person who claims title through a source other than by personal transfer to a definite portion of a survey that is less than the...
• Texas Section 51.082 - Liability Of Vendee
  After a separation of land is made on the records of the land office, the portion that is separated shall be charged and credited with...
• Texas Section 51.083 - Patent On Part Of A Tract
  (a) If an owner or claimant of land whose ownership or claim is shown on the records of the land office desires a patent on...
• Texas Section 51.085 - Time For Purchase Of Land
  Each purchaser of land has the option of paying the purchase price in full at any time, together with all fees, and obtaining a patent...

SUBCHAPTER D LEASE OF LAND

• Texas Section 51.086 - Sale Of Escheated Permanent School Land
  (a) All sales of escheated land that is a part of the permanent school fund must be made at a price that may not be...
• Texas Section 51.121 - Lease Of Unsold Land
  (a) Unsold public school land may be leased for any purpose the commissioner determines is in the best interest of the state under terms and...
• Texas Section 51.122 - Advertisement Of Leases
  Leases under the provisions of this subchapter may be advertised in the manner provided in Section 32.107 of this code. Acts 1977, 65th Leg., p....
• Texas Section 51.123 - Lease Application
  A person who desires to lease land shall submit a written application to the commissioner specifying and describing the particular land he desires to lease....
• Texas Section 51.124 - Award Of Lease
  (a) A lease shall be awarded to the highest responsible bidder. (b) The lease shall be awarded under the rules and in the quantities the...
• Texas Section 51.125 - Rejection Of Bid Or Offer To Lease
  Any bid or offer to lease may be rejected by the commissioner for fraud, collusion, or other good and sufficient cause before the lease is...
• Texas Section 51.126 - Notification Of Acceptance And Execution Of Lease
  After the applications are received, the commissioner shall give written notification to the successful applicant that his bid or offer to lease is accepted and...
• Texas Section 51.127 - Recording Memorandum Of Lease
  (a) The commissioner shall prepare a descriptive memorandum of the lease at the time the lease is executed and deliver the lease and the memorandum...
• Texas Section 51.129 - Lien
  (a) During the continuance of the lease and after forfeiture, the state has a lien on all property owned by the lessee which is located...

SUBCHAPTER E SALE AND LEASE OF VACANCIES

• Texas Section 51.131 - Soil And Water Conservation Plans
  (a) For each lease issued under this subchapter for agricultural or grazing purposes, the commissioner may require the lessee to implement a soil and water...
• Texas Section 51.171 - Purpose; Application Of Other Law
  (a) This subchapter controls the purchase and lease of vacant land and the authority of the commissioner and the board to: (1) determine whether a...
• Texas Section 51.172 - Definitions
  In this subchapter: (1) "Administratively complete" means a vacancy application that complies with Section 51.176 and any rule adopted by the commissioner regarding the filing...
• Texas Section 51.173 - Disposition Of Vacant Land
  (a) Vacant and unsurveyed public school land shall be located, sold, and leased under this subchapter, except: (1) submerged lands within tidewater limits; (2) all...
• Texas Section 51.174 - General Powers And Duties Of Commissioner
  (a) The commissioner may: (1) delegate responsibility for implementing this subchapter; (2) perform any other act necessary to administer and implement the purposes of this...
• Texas Section 51.175 - General Powers And Duties Of Board
  (a) The board shall set the terms and conditions for each sale and lease of a vacancy. (b) The board shall adopt rules governing the...
• Texas Section 51.176 - Vacancy Application; Filing
  (a) To purchase or lease land claimed to be vacant, a person must file a vacancy application on a form prescribed by the commissioner. A...
• Texas Section 51.177 - Processing Vacancy Application
  (a) Not later than the 45th day after the date the commissioner accepts the duplicate copies as properly filed by the applicant as provided by...
• Texas Section 51.178 - Deposit
  (a) The commissioner may recover from the applicant state funds expended in evaluating and investigating the application, providing notice, preparing a survey, appointing an attorney...
• Texas Section 51.179 - Disposition Of Deposits
  (a) The commissioner shall deposit all initial and supplemental deposits received under this subchapter to the credit of a separate trust account in the state...
• Texas Section 51.180 - Attorney Ad Litem
  (a) If the applicant cannot provide evidence to the commissioner to establish the applicant's ownership of all interests as defined by Section 51.172 in the...
• Texas Section 51.181 - Notice To Necessary Parties
  (a) Not later than the 30th day after the application commencement date, and at any time after that date that the commissioner considers it necessary...
• Texas Section 51.182 - Filing Of Exceptions To Application
  (a) Not later than the 60th day after the date of the commissioner's notice under Section 51.181(a), a necessary party may file an exception to...
• Texas Section 51.183 - Investigation
  (a) The commissioner shall conduct an investigation of the vacancy application. (b) The investigation shall include: (1) an evaluation of the vacancy application; (2) a...
• Texas Section 51.184 - Commissioner's Survey
  (a) To investigate a vacancy application under Section 51.183, the commissioner may require a survey. If the commissioner requires a survey, the commissioner shall appoint...
• Texas Section 51.185 - Surveyor's Report
  (a) Not later than the 120th day after the date a surveyor is appointed under Section 51.184, the surveyor shall file a written report of...
• Texas Section 51.186 - Completion Of Survey
  (a) The commissioner shall serve a true copy of the survey report filed by the surveyor on each necessary party, including those named in the...
• Texas Section 51.187 - Hearing
  (a) If the commissioner has not issued a final order with a finding of "Not Vacant Land" on or before the first anniversary of the...
• Texas Section 51.188 - Commissioner's Final Order
  (a) At any time during or after an investigation of or hearing regarding a vacancy application, the commissioner may determine that land claimed to be...
• Texas Section 51.189 - Appeal
  (a) A final order with a finding of "Not Vacant Land" under Section 51.188 may not be appealed. The final order is conclusive regarding the...
• Texas Section 51.190 - Scope Of Review
  In an appeal of the commissioner's final order determining that a vacancy exists, the district court shall conduct a trial de novo. Amended by Acts...
• Texas Section 51.191 - Issues Reviewable
  The court may review the commissioner's declaration of good-faith-claimant status only in conjunction with a review of a final order determining that a vacancy exists....
• Texas Section 51.192 - Standing To Appeal
  A person may appeal the commissioner's final order determining that a vacancy exists if the person: (1) is a necessary party; (2) has a present...
• Texas Section 51.193 - Application For And Determination Of Good-faith-claimant Status
  (a) A necessary party may apply for good-faith-claimant status not later than the 90th day after the date the commissioner issues a final order finding...
• Texas Section 51.194 - Preferential Right Of Good-faith Claimant
  (a) A good-faith claimant who has been notified by the commissioner that a vacancy exists under this subchapter has a preferential right to purchase or...

SUBCHAPTER F PATENTS

• Texas Section 51.195 - Purchase Or Lease By Applicant
  (a) If no good-faith claimant exists or if no good-faith claimant exercises a preferential right within the applicable period, the applicant has a preferential right...
• Texas Section 51.241 - Issuance Of Patent
  The commissioner shall issue a patent when the records of his office reflect that full payment for land has been made where required and fees...
• Texas Section 51.242 - Patent Fees
  When a person applies for a patent, he shall pay to the land office in addition to all other required payments a fee set by...
• Texas Section 51.243 - Requisites Of A Patent
  (a) Each patent for land from the state shall be issued in the name and by authority of the state under the state seal and...
• Texas Section 51.244 - Delivery Of Patent
  (a) When a patent is ready for delivery, the commissioner shall send it, together with the check for payment of the fee required by Section...
• Texas Section 51.245 - Deceased Patentee
  A patent issued in the name of a person who is deceased at the time the patent is issued conveys and secures valid title to...
• Texas Section 51.246 - Acquisition Of Deed Of Acquittance To Excess Acreage
  (a) If the area of a tract of land that is titled or patented exceeds the quantity provided in the title or patent and if...
• Texas Section 51.247 - Patents For Land That Cannot Be Patented By Other Methods
  (a) Any headright survey, homestead donation, preemption survey, scrip survey, or other survey awarded or sold before August 20, 1931, which has been held and...
• Texas Section 51.248 - Doubtful Claim
  If it appears to the commissioner from the records of his office or from information given to him under oath that there is an illegality...
• Texas Section 51.249 - Conflicting Surveys
  If conflicts exist between surveys, the commissioner shall issue patents to the portions of the surveys that are free from conflict. Acts 1977, 65th Leg.,...
• Texas Section 51.250 - Conflicting Title
  (a) If a patent to land is issued by mistake on any valid claim for land and is afterwards found to be in conflict with...
• Texas Section 51.251 - Partial Conflict Of Title
  If there is only a partial conflict of title under a patent, the commissioner in the manner provided in Section 51.250 of this code may...
• Texas Section 51.252 - Refund Of Purchase Money
  (a) If a patent cannot be issued for land because of a conflict, erroneous survey, or illegal sale or if a patent is issued for...

SUBCHAPTER G EASEMENTS

• Texas Section 51.253 - Corrected Patent
  (a) An owner of land in one or more patented surveys may apply to the General Land Office for a corrected patent to correct scriveners'...
• Texas Section 51.291 - Grants Of Easements
  (a) Except as provided by Subsection (b), the commissioner may execute grants of easements or other interests in property for rights-of-way or access across, through,...
• Texas Section 51.292 - Easements And Leases For Certain Facilities
  The commissioner may execute grants of easements or leases for electric substations, pumping stations, loading racks, and tank farms, and for any other purpose the...
• Texas Section 51.295 - Conditions For Easement
  Telephone, telegraph, electric transmission, powerline, and pipeline right-of-way easements and easements or rights-of-way for irrigation canals, laterals, and water pipelines shall be executed on terms...
• Texas Section 51.296 - Term Of Easements
  (a) The term for easements or leases granted under Sections 51.291 and 51.292 may be for any term the commissioner deems to be in the...
• Texas Section 51.297 - Recording Easements
  (a) Each easement granted under this subchapter shall be recorded in the county clerk's office of the county in which the land is located, and...
• Texas Section 51.299 - Fees For Certain Facilities
  The rent to be charged for an easement or lease for an electric substation site, pumping station, loading rack, tank farm, or road or for...
• Texas Section 51.2995 - Waiver Or Reduction Of Easement Fees In Certain Circumstances
  The commissioner may waive or reduce an easement fee if the easement granted is to improve the infrastructure of the land, including production and transportation...
• Texas Section 51.300 - Disposition Of Income
  Income received by the commissioner under this subchapter from public school land shall be credited to the permanent school fund. Other income received by the...
• Texas Section 51.301 - Interest On Past-due Payments
  Payments under this subchapter that are past due shall bear interest at a rate equal to the rate imposed by the comptroller under Section 111.060,...
• Texas Section 51.302 - Prohibition And Penalty
  (a) No person may construct or maintain any structure or facility on land owned by the state, nor may any person who has not acquired...
• Texas Section 51.3021 - Removal Of Facility Or Structure By Commissioner
  (a) The commissioner may remove and dispose of a facility or structure on land owned by the state if the commissioner finds the facility or...
• Texas Section 51.303 - Venue
  The venue for suits by or against the state under Sections 51.291 through 51.3021 of this code or for violation of provisions of Sections 51.291...
• Texas Section 51.304 - Easements For Soil Conservation And Flood Prevention
  The commissioner may execute grants of easements on unsold public school land to conservation and reclamation districts for soil conservation and flood prevention projects authorized...
• Texas Section 51.305 - Terms And Form Of Grant
  The grant of the easement may contain any provisions that the commissioner considers necessary to protect the interests of the state and may be perpetual...
• Texas Section 51.306 - Consideration
  The consideration paid to the state for the grant of the easement under Section 51.304 of this code shall be determined by the commissioner to...

SUBCHAPTER H SALE OF TIMBER, GAYULE, AND LECHUGUILLA

• Texas Section 51.307 - Reservation Of Mineral Rights
  Mineral rights together with the right to explore for, produce, and market the minerals in land granted as an easement under Section 51.304 of this...
• Texas Section 51.341 - Definition
  In this subchapter, "timbered land" means land that is valued chiefly for the timber located on it. Acts 1977, 65th Leg., p. 2441, ch. 871,...
• Texas Section 51.342 - Sale Or Lease Of Timber
  Timber located on public land shall be sold or leased in full tracts for cash at its market value. Acts 1977, 65th Leg., p. 2441,...
• Texas Section 51.343 - Rules
  Subject to the provisions of this chapter, the commissioner shall adopt rules for the sale of timber which are considered necessary and judicious. Acts 1977,...
• Texas Section 51.344 - Application To Purchase Timber
  An application to purchase timber shall be made in the manner provided for filing an application to purchase land. Acts 1977, 65th Leg., p. 2441,...
• Texas Section 51.345 - Ingress And Egress From Land
  The purchaser of timber without the land is entitled to ingress and egress on the land for a period of five years after the date...
• Texas Section 51.346 - Reversion Of Title To Timber
  After the five-year period provided in Section 51.345 of this code, title to the timber reverts to the fund to which the land belongs and...
• Texas Section 51.347 - Sale Of Gayule And Lechuguilla
  The board may sell the gayule or lechuguilla growing or found on the public school land, exclusive of timber. Acts 1977, 65th Leg., p. 2441,...
• Texas Section 51.348 - Conditions Of Sale
  The sale of gayule and lechuguilla may be on any terms and conditions and with any limitations that the board considers most advantageous and in...

SUBCHAPTER I ACQUISITION OF PUBLIC SCHOOL LAND

• Texas Section 51.349 - Contracts
  The board may enter into any contract including an executory contract of sale which they consider wise for the purpose of having the commercial properties...
• Texas Section 51.401 - Real Estate Special Fund Account
  (a) The board may designate funds received from any land, mineral or royalty interest, real estate investment, or other interest, including revenue received from those...
• Texas Section 51.402 - Use Of Designated Funds
  (a) The board may use the money designated under Section 51.401 for any of the following purposes: (1) to add to a tract of public...
• Texas Section 51.4021 - Appointment Of Special Fund Managers, Investment Consultants, Or Advisors
  (a) The board may appoint investment managers, consultants, or advisors to invest or assist the board in investing the money designated under Section 51.401 by...
• Texas Section 51.404 - Title Security
  (a) Real property acquired under this chapter shall be conveyed to the state by warranty deed. (b) The board may purchase or acquire title insurance...
• Texas Section 51.405 - Contracts For Purchase
  The board may enter into contracts for the purchase of property under this subchapter. Added by Acts 1985, 69th Leg., ch. 624, Sec. 40, eff....
• Texas Section 51.406 - Dedication To Permanent School Fund
  Land acquired under this subchapter is dedicated to the permanent school fund and is subject to sale and lease in the same manner and under...
• Texas Section 51.407 - Rules
  The board shall adopt rules for the implementation of this subchapter. Added by Acts 1985, 69th Leg., ch. 624, Sec. 40, eff. Nov. 5, 1985.
• Texas Section 51.408 - Ethics Policy And Training
  (a) In addition to any other requirements provided by law, the board shall adopt and enforce an ethics policy that provides standards of conduct relating...
• Texas Section 51.409 - Disclosure Of Conflicts Of Interest And Finances
  (a) A member of the board, the commissioner, an employee of the board, or a person who provides services to the board that relate to...
• Texas Section 51.410 - Reports Of Expenditures
  A consultant, advisor, broker, or other person providing services to the board relating to the management and investment of the funds designated under Section 51.401...
• Texas Section 51.411 - Forms; Public Information
  (a) The board shall prescribe forms for: (1) statements of possible conflicts of interest and waivers of possible conflicts of interest under Section 51.409; and...
• Texas Section 51.412 - Reports To Legislature
  (a) Not later than September 1 of each even-numbered year, the board shall submit to the legislature a report that, specifically and in detail, assesses...
• Texas Section 51.413 - Transfers From The Real Estate Special Fund Account To The Available School Fund And The Permanent School Fund
  (a) The board may, by a resolution adopted at a regular meeting, release from the real estate special fund account funds previously designated under Section...

SUBCHAPTER J GRANTS

• Texas Section 51.4131 - Report On Anticipated Transfer Of Funds
  Not later than September 1 of each even-numbered year, the board shall submit to the legislature, comptroller, State Board of Education, and Legislative Budget Board...
• Texas Section 51.501 - Application For Grant
  A lessee of real property owned by the permanent school fund and used for grazing or agricultural purposes may apply to the commissioner for a...
• Texas Section 51.502 - Source Of Grant Money
  A grant under this subchapter shall be made from money collected for surface damages under Sections 52.297 and 53.155. Added by Acts 2003, 78th Leg.,...
• Texas Section 51.503 - Appraisal Required
  (a) Before a grant is made under Section 51.501, an appraiser employed by the land office must appraise the effect of the improvement for which...
• Texas Section 51.504 - Evidence Of Expenditure Required
  The commissioner shall require each lessee who receives a grant to provide copies of receipts, vouchers, or other evidence of expenditures for the improvement. Added...
• Texas Section 51.505 - Improvements: Real Property Of Permanent School Fund
  Any improvement constructed with money disbursed under this subchapter is the real property of the permanent school fund. Added by Acts 2003, 78th Leg., ch....
• Texas Section 51.506 - Maintenance
  As a condition for a grant under this subchapter, the commissioner shall require the grantee to agree in writing to maintain the improvement in a...
• Texas Section 51.507 - Rules
  The commissioner shall adopt rules as necessary to administer this subchapter, including rules establishing a procedure for applying for a grant under Section 51.501 and...

Last modified: September 28, 2016