TX NATURAL RESOURCES CODE

SUBTITLE B. SURVEYS AND SURVEYORS

CHAPTER 32. SCHOOL LAND BOARD

SUBCHAPTER G. TRADE OF LAND


§ 32.251. AUTHORITY OF BOARD, IN CONJUNCTION WITH LAND OFFICE, TO TRADE LAND.
     The Board, in conjunction with the land
      office, may trade fee and lesser interests in land dedicated to the permanent school fund for fee and lesser interests in land not dedicated to that fund if the board and the commissioner determine that the trade is in the best public interest of the people of this state.

Added by Acts 2003, 78th Leg., ch. 1276, § 13.001(a), eff. Sept. 1, 2003.

§ 32.252. AUTHORITY OF STATE AGENCY OR POLITICAL SUBDIVISION TO SELL OR EXCHANGE REAL PROPERTY.
     (a) A State Agency
      Or Political subdivision may directly sell or exchange real property belonging to the state agency or political subdivision with the board for land dedicated to the permanent school fund if the exchange is for fair market value.
     (b) Section 272.001, Local Government Code, does not apply to an exchange under this section.

Added by Acts 2003, 78th Leg., ch. 1276, § 13.001(a), eff. Sept. 1, 2003.

§ 32.253. PURPOSE OF TRADE.
     Land dedicated to the permanent school fund may be traded to:
          (1) aggregate sufficient acreage of contiguous land to create a manageable unit;
          (2) acquire land having unique biological, geological, cultural, or recreational value; or
          (3) create a buffer zone for the enhancement of already existing public land, facilities, or amenities.

Added by Acts 2003, 78th Leg., ch. 1276, § 13.001(a), eff. Sept. 1, 2003.

§ 32.255. DEED REQUIRED.
     (a) A trade of land dedicated to the permanent school fund may be made only by a deed signed jointly by the commissioner and the governor.
     (b) The governor's failure to sign the deed is a veto of the proposed trade.

Added by Acts 2003, 78th Leg., ch. 1276, § 13.001(a), eff. Sept. 1, 2003.

§ 32.256. DEDICATION OF ACQUIRED LAND TO FUND.
     Land acquired by the board by trade under this subchapter is dedicated to the permanent school fund.

Added by Acts 2003, 78th Leg., ch. 1276, § 13.001(a), eff. Sept. 1, 2003.

§ 32.257. SUBSURFACE MINERAL RIGHTS.
     (a) If this state retains the subsurface mineral rights to the oil, gas, and other minerals in permanent school fund land traded under this subchapter, an unrestricted right of ingress to and egress from the land by this state and its lessees shall be retained for the purpose of exploration, development, and production of the oil, gas, and other minerals to which the rights are retained by this state.
     (b) This state is entitled to lease the subsurface mineral rights retained under this section in the same manner and under the same conditions as subsurface mineral rights are leased in permanent school fund land in which this state owns the surface title and the subsurface mineral rights.
     (c) A lessee of the subsurface mineral rights retained under this section is liable to the owner of the land for actual damages to the land that may occur as a result of exploration for and development and production of the oil, gas, and other minerals to which rights are retained under this section.
     (d) Notwithstanding anything to the contrary in this subchapter, the board, to complete a trade of equal value, may convey the surface estate and reserve the oil, gas, and other minerals, with the surface owner acting as agent for the state under:
          (1) Subchapter F, Chapter 52, in leasing the land for oil and gas and receiving one-half the bonus, rental, and royalty for acting as agent for the state in leasing the land and as compensation for surface damages; or
          (2) Subchapter C, Chapter 53, in leasing the land for sulphur, coal, lignite, uranium, or potash and receiving 40 percent of the bonus, rental, and royalty for acting as agent for the state in leasing the land and as compensation for surface damages.

Added by Acts 2003, 78th Leg., ch. 1276, § 13.001(a), eff. Sept. 1, 2003.

§ 32.258. REPORT TO LEGISLATURE.
     (a) The board shall report to the legislature a trade of land dedicated to the permanent school fund. The board shall report the trade at:
          (1) the first regular session of the legislature occurring after the trade if the legislature is not meeting in regular session at the time the trade is made; or
          (2) the regular session of the legislature occurring at the time of the trade if the legislature is meeting in regular session at the time the trade is made.
     (b) The report must state the facts that warranted the trade.

Added by Acts 2003, 78th Leg., ch. 1276, § 13.001(a), eff. Sept. 1, 2003.