Texas Natural Resources Code Title 2, Chapter 53 - Minerals

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B PROSPECT AND LEASE ON STATE LAND

• Texas Section 53.001 - 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 53.011 - Land Subject To Prospect
  Any tract of land that belongs to the state, including islands, salt and freshwater lakes, bays, inlets, marshes, and reefs owned by the state within...
• Texas Section 53.012 - Application For Right To Prospect
  (a) A person who desires to prospect land covered by this subchapter shall file an application with the commissioner designating the area to be prospected....
• Texas Section 53.013 - Conditions Of Permit
  (a) The commissioner may issue to the first applicant a permit to prospect the area designated in the applicant's application for a period up to...
• Texas Section 53.015 - Application For Lease
  (a) At any time during the term of the permit, the permittee may file an application to lease the area or a designated portion of...
• Texas Section 53.016 - Issuance Of Lease
  (a) After receipt of the bonus payment set by the commissioner, the lease shall be issued by the commissioner under the provisions of this subchapter...
• Texas Section 53.018 - Royalty
  The royalty under the lease shall not be less than one-sixteenth of the value of the minerals produced under the lease. Acts 1977, 65th Leg.,...
• Texas Section 53.019 - Payments
  Lease payments and royalty shall be paid to the commissioner at Austin, and all payments shall be credited to the account of the permanent school...
• Texas Section 53.020 - Assignment And Transfer
  A lease issued under this subchapter may be transferred or assigned at any time in the manner provided by Section 52.026 of this code. Acts...
• Texas Section 53.021 - Forfeiture Of Lease
  (a) A lease is subject to forfeiture by act of the commissioner if: (1) the lessee fails or refuses to pay any amount which is...
• Texas Section 53.022 - Effect Of Subchapter
  None of the provisions of this subchapter shall apply to, alter, or affect any rights existing on June 22, 1955, under a valid permit issued...
• Texas Section 53.023 - Immediate Lease
  If the commissioner determines that a certain mineral is located on a state tract subject to prospect under this subchapter, a lease for that mineral...
• Texas Section 53.024 - Penalty And Interest
  A lease issued under this subchapter shall be subject to Sections 52.131(e) through (j) of this code. Added by Acts 1985, 69th Leg., ch. 923,...
• Texas Section 53.025 - Lease Relinquishment
  A lease issued under this subchapter may be relinquished to the state at any time in the manner provided by Section 52.027 of this code....
• Texas Section 53.026 - In Kind Royalty
  (a) The commissioner or the commissioner acting on behalf of and at the direction of the board or a board for lease may negotiate and...
• Texas Section 53.027 - Contracts And Agreements
  On the land office's written request, mailed to the lessee's address as shown on its lease or otherwise properly changed in conformity with the terms...

SUBCHAPTER C LEASE OF MINERALS BY SURFACE OWNER

• Texas Section 53.028 - Audit Information Confidential
  (a) All information secured, derived, or obtained during the course of an inspection or examination of books, accounts, reports, or other records as provided by...
• Texas Section 53.061 - Authority To Lease Certain Minerals
  (a) The state constitutes the owner of the surface its agent to lease to any person any mineral, except oil and gas, which may be...
• Texas Section 53.062 - Lease Of Minerals Separately And Together
  Minerals covered by the provisions of this subchapter may be leased either separately or together. Acts 1977, 65th Leg., p. 2471, ch. 871, art. I,...
• Texas Section 53.063 - Forms
  The owner of the surface may lease to any person the minerals covered by this subchapter on lease forms prepared by the land office. Acts...
• Texas Section 53.064 - Prerequisites For Effectiveness Of Lease
  (a) No lease executed by the owner of the surface is binding on the state unless it recites the actual consideration paid or promised for...
• Texas Section 53.065 - Payments Under Lease
  (a) Under a lease executed under this subchapter before September 1, 1987, the lessee shall pay to the state 60 percent of all bonuses agreed...
• Texas Section 53.066 - Damages To Surface
  Payments made by the lessee to the owner of the surface as provided in this subchapter and acceptance of the payments by the owner of...
• Texas Section 53.067 - Payment Procedure
  Royalties and other payments accruing to the state under this subchapter shall be paid to the commissioner in Austin and shall be deposited in the...
• Texas Section 53.068 - Production Report And Records
  (a) Each payment shall be accompanied by an affidavit of the lessee or his authorized agent indicating: (1) the amount of minerals produced and marketed...
• Texas Section 53.069 - Forfeiture Of Lease
  (a) A lease and all rights under a lease are subject to forfeiture by action of the commissioner if the lessee or his assignee, sublessee,...
• Texas Section 53.070 - Reinstatement Of Lease
  (a) If the owner of the forfeited lease complies with the provisions of this subchapter within 30 days after the declaration of forfeiture, the commissioner...
• Texas Section 53.071 - Lien
  The state has a first lien on all minerals produced from any lease to secure the payment of unpaid royalty or other amounts that are...
• Texas Section 53.072 - Effect Of Certain Laws
  Any rights acquired under Articles 5388 through 5403, Revised Civil Statutes of Texas, 1925, before March 15, 1967, are not affected by the repeal of...
• Texas Section 53.073 - Certain Minerals And Laws Exempt From Subchapter
  The provisions of this subchapter do not apply to or affect oil and gas and do not affect the provisions of Subchapter F, Chapter 52...
• Texas Section 53.074 - Authority And Duties Of Agent
  (a) Prohibition Against Self-Dealing. (1) The owner of the soil may not lease, either directly or indirectly, to himself or to a nominee, to any...
• Texas Section 53.075 - Assignment And Transfer
  A lease issued under this subchapter may be assigned or transferred at any time in the manner provided by Section 52.026 of this code. Added...
• Texas Section 53.076 - Lease Relinquishment
  A lease issued under this subchapter may be relinquished to the state at any time in the manner provided by Section 52.027 of this code....
• Texas Section 53.077 - In Kind Royalty
  (a) The commissioner, each owner of the soil under this subchapter, or the commissioner acting on the behalf of and at the direction of an...
• Texas Section 53.078 - Penalty And Interest
  A lease issued under this subchapter shall be subject to Sections 52.131(e) through (j) of this code. Added by Acts 1993, 73rd Leg., ch. 897,...
• Texas Section 53.079 - Contracts And Agreements
  On the land office's written request, mailed to the lessee's address as shown on its lease or otherwise properly changed in conformity with the terms...
• Texas Section 53.080 - Audit Information Confidential
  (a) All information secured, derived, or obtained during the course of an inspection or examination of books, accounts, reports, or other records as provided by...

SUBCHAPTER D UNITIZATION OF SULPHUR PRODUCTION

• Texas Section 53.081 - Lease By Owner Of The Soil
  (a) An owner of the soil of lands covered by this subchapter may lease those lands for the purpose of exploring for and producing minerals...
• Texas Section 53.111 - Authority To Operate An Area As A Unit For Production Of Sulphur
  The commissioner on behalf of the state or any fund that belongs to the state may execute agreements that provide for operating areas as a...
• Texas Section 53.112 - Approval Of Certain Agreements By School Land Board
  (a) An agreement must be approved by the board and executed by the commissioner to be effective if the agreement commits: (1) a royalty interest...
• Texas Section 53.113 - Approval Of Agreements
  An agreement that commits the royalty interest in any land not listed in Section 53.112 of this code must be approved by the board, official,...
• Texas Section 53.114 - Commissioner's Approval
  Before executing an agreement authorized by Section 53.111 of this code, the commissioner must find that the agreement is in the best interest of the...
• Texas Section 53.115 - Provisions Of Agreement
  (a) An agreement executed under this subchapter may include the following provisions: (1) that operations incident to drilling a well on any portion of a...
• Texas Section 53.116 - Application To University Land
  None of the provisions of this subchapter apply to any land under the control and management of the Board of Regents of The University of...
• Texas Section 53.117 - Construction Of Subchapter
  (a) Agreements and operations under this subchapter are necessary to prevent waste and conserve the natural resources of the state and are not a violation...

SUBCHAPTER E LEASE OF PUBLIC SCHOOL AND GULF LAND FOR COAL, LIGNITE, SULPHUR, SALT, AND POTASH

• Texas Section 53.118 - Ratifications And Other Agreements
  (a) The board may approve, by rule or order, a ratification or other agreement that includes in the benefits of production a mineral or royalty...
• Texas Section 53.151 - Lease Of Certain Areas
  (a) Under the provisions of this subchapter, the board may lease to any person for the production of coal, lignite, sulphur, salt, and potash: (1)...
• Texas Section 53.152 - Laws Applicable To Leases
  Leases of land described by Section 53.151 of this code shall be made in the same procedural manner as leases of that land for oil...
• Texas Section 53.153 - Conditions Of Lease
  (a) Coal, lignite, sulphur, salt, and potash may be leased together or separately. (b) A lease granted under this subchapter shall be for a primary...
• Texas Section 53.154 - Royalty Rate
  The board shall set the royalty rate on production of sulphur, coal, lignite, salt, and potash from land leased under this subchapter. The royalty rate...
• Texas Section 53.155 - Compensation For Damages From Use Of Surface
  (a) Leases issued under Subchapter B or E of this chapter for unsold surveyed or unsurveyed school land, other than land included in islands, saltwater...

SUBCHAPTER F GEOPHYSICAL AND GEOCHEMICAL EXPLORATION PERMIT

• Texas Section 53.156 - Contracts And Agreements
  On the land office's written request, mailed to the lessee's address as shown on its lease or otherwise properly changed in conformity with the terms...
• Texas Section 53.161 - Definitions
  In this subchapter: (1) "Mineral(s)" means coal, lignite, sulphur, salt, and potash. (2) "Geophysical exploration" means a survey or investigation conducted to discover or locate...
• Texas Section 53.162 - Permit Required For Exploration
  (a) Except for a person who has a valid mineral lease on public school land authorized by this chapter, a person may not conduct geophysical...
• Texas Section 53.163 - Laws Applicable To Permits
  Permits for geophysical and geochemical exploration under this subchapter shall be issued in the same manner and under the same terms and conditions as permits...
• Texas Section 53.1631 - Groundwater
  (a) Unless otherwise expressly provided by statute, deed, patent, or other grant from the State of Texas, groundwater shall not be considered a mineral in...

Last modified: September 28, 2016