TX NATURAL RESOURCES CODE

SUBTITLE B. SURVEYS AND SURVEYORS

CHAPTER 32. SCHOOL LAND BOARD

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS


§ 32.011. CREATION OF BOARD.
     There is created a board to be known as the School Land Board.

Acts 1977, 65th Leg., p. 2377, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 32.012. MEMBERS OF THE BOARD.
     (a) The board is composed of:
          (1) the commissioner;
          (2) a citizen of the state appointed by the governor with the advice and consent of the senate; and
          (3) a citizen of the state appointed by the attorney general with the advice and consent of the senate.
     (b) The authority of the attorney general to appoint one of the members of the board, including the authority to make appointments during the recess of the senate, is the same as the authority of the governor to fill vacancies in state offices under the Texas Constitution.
     (c) Each appointment made by the governor and the attorney general shall be made in accordance with and subject to the provisions of the Texas Constitution authorizing the filling of vacancies in state offices by appointment of the governor.

Acts 1977, 65th Leg., p. 2377, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 32.0121. APPOINTMENTS WITHOUT DISCRIMINATION.
     Appointments to the board shall be made without
      regard to the race, color, handicap, sex, religion, age, or national origin of the appointees.

Added by Acts 1985, 69th Leg., ch. 624, § 7, eff. Sept. 1, 1985.

§ 32.0122. DISQUALIFICATION OF LOBBYISTS.
     A person who is required to register as a lobbyist under Chapter 305 of the Government Code, by virtue of his activities for compensation in or on behalf of a profession related to the operation of the board, may not serve as a member of the board or act as the general counsel to the board.

Added by Acts 1985, 69th Leg., ch. 624, § 8, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 167, § 2.19(20), eff. Sept. 1, 1987.

§ 32.0123. CONFLICTS OF INTEREST PROHIBITED.
     An officer, employee, or paid consultant of a statewide or national trade association in the oil and gas or mining industry may not be a member or employee of the board, nor may a person who cohabits with or is the spouse of an officer, managerial employee, or paid consultant of a statewide or national trade association in the oil and gas or mining industry be a member of the board or an employee of the board grade 17 and over, including exempt employees, according to the position classification schedule under the General Appropriations Act.

Added by Acts 1985, 69th Leg., ch. 624, § 9, eff. Sept. 1, 1985.

§ 32.013. TERMS OF APPOINTED MEMBERS.
     The members appointed to the board by the governor and the attorney general serve for terms of two years.

Acts 1977, 65th Leg., p. 2377, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 32.014. CHAIRMAN OF THE BOARD.
     The commissioner serves as chairman of the board.

Acts 1977, 65th Leg., p. 2377, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 32.015. PER DIEM AND REIMBURSEMENT.
     Each citizen member of the board is entitled to receive a per diem allowance for each day spent in performing his duties and as reimbursement for actual and necessary travel expenses incurred in performing his duties the amount provided in the General Appropriations Act.

Acts 1977, 65th Leg., p. 2377, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 32.016. BOARD MEETINGS.
     (a) When necessary, the board shall meet on the first and third Tuesdays of each month in the land office.
     (b) Subject to recesses at the discretion of the board, meetings of the board shall continue until the board has completed its docket.
     (c) The chairman of the board may call special meetings of the board at any time the chairman thinks necessary by giving the other members notice.

Acts 1977, 65th Leg., p. 2378, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1999, 76th Leg., ch. 139, § 1, eff. Sept. 1, 1999.

§ 32.017. SECRETARY OF THE BOARD.
     (a) The board shall select a secretary from persons nominated by the commissioner.
     (b) The person selected as secretary shall be approved by a majority of the board.

Acts 1977, 65th Leg., p. 2378, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 32.0171. REMOVAL OF BOARD MEMBER.
     (a) It is a ground for removal from the board if a member:
          (1) does not have at the time of appointment the qualifications required by Subsection (a) of Section 32.012 of this code for appointment to the board;
          (2) does not maintain during the service on the board the qualifications required by Subsection (a) of Section 32.012 of this code for appointment to the board;
          (3) violates a prohibition established by Section 32.0122 or 32.0123 of this code;
          (4) is unable to discharge his duties for a substantial portion of the term for which he was appointed because of illness or disability; or
          (5) is absent from more than one-half of the regularly scheduled board meetings which the member is eligible to attend during each calendar year, except when the absence is excused by majority vote of the board.
     (b) The validity of an action of the board is not affected by the fact that it was taken when a ground for removal of a member of the board existed.
     (c) If the commissioner has knowledge that a potential ground for removal exists, he shall notify the governor that a potential ground for removal exists.

Added by Acts 1985, 69th Leg., ch. 624, § 10, eff. Sept. 1, 1985.

§ 32.018. EMPLOYMENT OF GEOLOGIST AND MINERALOGIST.
     The commissioner may employ a geologist and a mineralogist who shall be informed about minerals on land under the board's jurisdiction and activities under pending applications and previous leases and sales. The geologist and mineralogist shall report to the board any information relating to these subjects.

Acts 1977, 65th Leg., p. 2378, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, § 11, eff. Sept. 1, 1985.

§ 32.019. BOARD EMPLOYEES.
     (a) The commissioner may employ additional employees necessary for the discharge of the duties of the board.
     (b) Employees of the board shall be considered employees of the land office, and civil and criminal laws regulating the conduct and relations of employees of the land office apply to employees of the board.

Acts 1977, 65th Leg., p. 2378, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 32.020. MINUTES OF BOARD.
     The board shall keep minutes which shall include a record of its proceedings and a docket on which the secretary shall enter matters to be considered by the board.

Acts 1977, 65th Leg., p. 2378, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 32.021. RECORDS AND PROCEEDINGS AS ARCHIVES.
     The records and proceedings of the board shall be records and archives of the land office.

Acts 1977, 65th Leg., p. 2378, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 32.022. INSPECTION OF MINUTES AND DOCKET.
     (a) On payment of the fees prescribed by law for examination of other land office records, the minutes and docket shall be subject to inspection by any citizen of the state who desires to make the examination.
     (b) An examination made under this section shall be made in the presence of the secretary of the board or a clerk designated by law.

Acts 1977, 65th Leg., p. 2378, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 32.024. FINANCIAL REPORT REQUIRED.
     The board shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the board during the preceding year. The commissioner shall include the report as part of the report required by Section 31.060 of this code.

Added by Acts 1985, 69th Leg., ch. 624, § 12, eff. Sept. 1, 1985.

§ 32.025. AUDIT.
     The financial transactions of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

Added by Acts 1985, 69th Leg., ch. 624, § 13, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 584, § 6, eff. Sept. 1, 1989.

§ 32.026. POLICIES ON PUBLIC HEARINGS.
     The board shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

Added by Acts 1985, 69th Leg., ch. 624, § 14, eff. Sept. 1, 1985.