CHAPTER 7. GENERAL PROVISIONS - Texas Statutes

VERNON'S CIVIL STATUTES

TITLE 86. LANDS--PUBLIC

CHAPTER 7. GENERAL PROVISIONS

Art. 5415e-4. DREDGE MATERIALS ACT.

Short Title

Sec. 1. This Act may be cited as the Dredge Materials Act.

Policy

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.

Definitions

Sec. 3. As used in this Act, unless the context clearly requires

otherwise:

(a) "Agency" means the Texas Water Quality Board.

(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.

(c) "Corps of engineers" means the United States Army Corps of

Engineers.

(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.

Limitations

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:

(1) by the corps of engineers;

(2) by persons operating under contract with the corps of

engineers;

(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.

Agreement

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.

(c) The authority of the governor under the Act to enter into

such an agreement shall not be delegated.

(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.

Not Severable

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.

Acts 1977, 65th Leg., p. 1906, ch. 759, eff. Aug. 29, 1977.

Art. 5421b. WITHDRAWAL FROM MARKET OF LANDS ADJACENT TO CADDO

LAKE.

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.

Acts 1929, 41st Leg., p. 430, ch. 198.

Art. 5421b-1. LEASING FOR MINERALS OF LANDS UNDER AND ADJACENT TO

CADDO LAKE AND TRIBUTARIES.

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.

Acts 1955, 54th Leg., p. 844, ch. 311.

Art. 5421c. REGULATING SALE AND LEASE OF SCHOOL LANDS, PUBLIC

LANDS AND RIVER BED; BOARD OF MINERAL DEVELOPMENT CREATED.

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.

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.

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; Acts 1977, 65th Leg., ch 871, art. I, Sec. 2(a)(1),

eff. Sept. 1, 1977.

Art. 5421c-4. EASEMENTS OR SURFACE LEASES OF GULF LANDS TO UNITED

STATES FOR NATIONAL DEFENSE; AUTHORITY OF SCHOOL LAND BOARD.

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.

Acts 1941, 47th Leg., p. 20, ch. 10.

Art. 5421c-6. PATENTS VALIDATED. 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.

Acts 1943, 48th Leg., p. 368, ch. 247, Sec. 1.

Art. 5421c-9. SALE OF SCHOOL LAND; EXTENSION OF TIME FOR PAYMENT

OF NOTES OR OBLIGATIONS. 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.

Acts 1961, 57th Leg., p. 901, ch. 399, Sec. 1.

Art. 5421d. PATENTS TO LANDS FORMERLY CLAIMED AS IN NEW MEXICO.

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.

Acts 1933, 43rd Leg., p. 634, ch. 212.

Art. 5421f. EXTENSION OF PAYMENT OF UNPAID BALANCES OF PRINCIPAL

ON PURCHASES OF SCHOOL LANDS. 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.

Acts 1934, 43rd Leg., 3rd C.S., p. 76, ch. 37, Sec. 1.

Art. 5421f-1. EXTENSION OF TIME FOR PAYMENT OF INSTALLMENTS OF

PRINCIPAL OF SCHOOL LAND PURCHASE CONTRACTS. 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.

Acts 1941, 47th Leg., p. 351, ch. 191, Sec. 1.

Art. 5421f-2. REINSTATEMENT OF CLAIMS TO LANDS FORFEITED UNDER

ARTICLE 5326. 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, Sec. 3-A, added Acts 1947,

50th Leg., p. 275, ch. 169, Sec. 1.

Art. 5421j. GRANT OF FILLED IN LAND TO CITY OF CORPUS CHRISTI.

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.

Acts 1945, 49th Leg., p. 391, ch. 253.

Art. 5421j-1. LEASE OF FILLED IN LAND BY CITY OF CORPUS CHRISTI.

Sec. 1. 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, and Chapter 68,

General Laws, Acts of the 36th Legislature, Regular Session,

1919, 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, including

the public purposes provided by Section 52-a, Article Iii, Texas

Constitution, and Section 380.001(a), Local Government Code. 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.

Acts 1957, 55th Leg., p. 488, ch. 235.

Amended by Acts 2003, 78th Leg., ch. 988, Sec. 1, eff. June 20,

2003.

Art. 5421j-2. LEASE BY CITY OF CORPUS CHRISTI OF SUBMERGED LANDS

PREVIOUSLY RELINQUISHED TO CITY BY STATE.

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.

Acts 1961, 57th Leg., p. 1184, ch. 536.

Art. 5421k. SUBMERGED LANDS ACROSS NUECES BAY AND PASS CONVEYED

TO STATE HIGHWAY COMMISSION.

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. 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:

[Detailed description omitted.]

Acts 1947, 50th Leg., p. 162, ch. 101.

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

eff. Sept. 1, 1995.

Art. 5421k-1. CONVEYANCE OF LANDS TO WIDEN STATE HIGHWAY NO. 24

IN DENTON COUNTY.

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:

[Detailed description omitted.]

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.

Acts 1947, 50th Leg., p. 268, ch. 164.

Art. 5421k-2. SUBMERGED RIGHT-OF-WAY ACROSS CAYO DEL OSO IN

NUECES COUNTY, CONVEYANCE TO STATE HIGHWAY COMMISSION.

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. 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:

[Detailed description omitted.]

Acts 1957, 55th Leg., p. 16, ch. 12.

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

eff. Sept. 1, 1995.

Art. 5421k-3. SALE OF LAND IN CAYO DEL OSO TO CITY OF CORPUS

CHRISTI; VALIDATION.

Confirmation and Validation of Sale

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.

Reservation of Minerals and Mineral Rights to State for Permanent

School Fund

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.

Conflict of Claims or Boundaries

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.

Improvement of Land; Title to Land

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.

Powers of City to Convey or Retain Land; Other Powers

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 (1/2) of

the reasonable market value thereof.

Plans and Contracts for Improvements; Powers of City

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.

Repealer

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.

Law Cumulative

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.

Acts 1961, 57th Leg., p. 1089, ch. 489.

Sec. 4 amended by Acts 1965, 59th Leg., p. 91, ch. 34, Sec. 1,

eff. Aug. 30, 1965; Acts 1971, 62nd Leg., p. 1414, ch. 392, Sec.

1, eff. May 26, 1971.

Sec. 5 amended by Acts 1965, 59th Leg., p. 91, ch. 34, Sec. 2,

eff. Aug. 30, 1965; Acts 1971, 62nd Leg., p. 1414, ch. 392, Sec.

2, eff. May 26, 1971.

Art. 5421l. CONTROL OF CERTAIN PROPERTY IN AUSTIN TRANSFERRED TO

UNIVERSITY REGENTS. 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 (1/2) 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.

Acts 1947, 50th Leg., p. 472, ch. 272, Sec. 1.

Art. 5421o. OIL, GAS AND MINERAL LEASES BY CITIES, TOWNS AND

POLITICAL SUBDIVISIONS; FAILURE TO PUBLISH NOTICE OF INTENT;

EFFECT. 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.

Acts 1955, 54th Leg., p. 773, ch. 280, Sec. 1.