Tex. Nat. Resources Code Section 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 (School and Asylum Lands), Chapter 52 (Oil and Gas), 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 (Authority to Lease Certain Minerals), Chapter 53 (Minerals), 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, Sec. 13.001(a), eff. Sept. 1, 2003.

Source: Section 32.257 — Subsurface Mineral Rights, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­32.­htm#32.­257 (accessed Jun. 5, 2024).

32.001
Definitions 32.002
Application of Chapter 32.003
Application of Sunset Act 32.011
Creation of Board 32.012
Members of the Board 32.013
Terms of Appointed Members 32.014
Chairman of the Board 32.015
Per Diem and Reimbursement 32.016
Board Meetings 32.017
Secretary of the Board 32.018
Employment of Geologist and Mineralogist 32.019
Board Employees 32.020
Minutes of Board 32.021
Records and Proceedings as Archives 32.022
Inspection of Minutes and Docket 32.025
Audit 32.026
Policies on Public Hearings 32.027
Member Training 32.028
Complaints 32.061
Board’s General Duties 32.062
Adoption of Rules and Collection of Fees 32.063
Duty to Advise Commissioner 32.064
Survey or Subdivision of Land 32.065
Permits for Surveys or Investigations 32.066
Easements 32.067
Marginal Property Royalty Rates 32.101
Applicable Law 32.104
Appraisal Fee 32.105
Date for Opening Bids 32.106
Description of Land 32.107
Notice of Sale, Lease, and Contract for Development 32.109
Acceptance and Rejection of Bids 32.110
Special Sale Fee 32.111
Issuance of Award or Lease 32.112
Sale of Tax Foreclosure Property 32.113
Exemption from Certain Real Estate Transaction Laws 32.0121
Appointments Without Discrimination 32.0122
Disqualification of Lobbyists 32.0123
Conflicts of Interest Prohibited 32.151
Term of Lease 32.152
Assignment and Transfer 32.153
Lease Relinquishment 32.154
Leases Subject to Laws, Orders, and Rules 32.155
Rental and Royalty Payments 32.156
Forfeiture 32.157
Special Accounts 32.0171
Removal of Board Member 32.0191
Separation of Responsibilities 32.201
Preferential Right to Lease Certain Land by Adjoining Mineral Owner 32.202
Pooling 32.203
Compensatory Royalty 32.204
Lease Provisions 32.205
Rules 32.206
Ratifications and Other Agreements 32.207
Advertising for Bids 32.251
Authority of Board, in Conjunction with Land Office, to Trade Land 32.252
Authority of State Agency or Political Subdivision to Sell or Exchange Real Property 32.253
Purpose of Trade 32.255
Deed Required 32.256
Dedication of Acquired Land to Fund 32.257
Subsurface Mineral Rights 32.258
Report to Legislature 32.1071
Lease Sales 32.1072
Minimum Royalty, Bonus, and Rental 32.1073
Fixing Royalty, Bonus, and Rental 32.2015
Fund
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 32.257’s source at texas​.gov