Tex. Nat. Resources Code 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 lakes, bays, inlets, marshes, and reefs owned by the state in tidewater limits and other than that portion of the Gulf of Mexico within the jurisdiction of the state, must include a provision requiring compensation for damages from the use of the surface in prospecting for, exploring, developing, or producing the leased minerals.

(b)

The commissioner by rule shall set the procedure for receiving compensation for damages to the surface of land dedicated to the permanent school fund.

(c)

Money collected for surface damages shall be deposited in a special fund account in the State Treasury to be used for conservation, reclamation, or constructing permanent improvements on land that belongs to the permanent school fund.

(d)

The special fund account must be an interest-bearing account, and the interest received on the account shall be deposited in the State Treasury to the credit of the permanent school fund.

(e)

Money collected under this section and designated for the construction of permanent improvements as provided by this section must be used not later than two years after the date on which the money is collected.

(f)

Any money that remains in the special fund account for longer than two years shall be deposited in the State Treasury to the credit of the permanent school fund.

(g)

Compensation for damages under this section is in addition to any bonus, rental, royalty, or other payment required by the lease.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 48, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 948, Sec. 32, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 897, Sec. 64, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 328, Sec. 9, eff. Jan. 1, 2004.

Source: Section 53.155 — Compensation for Damages from Use of Surface, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­53.­htm#53.­155 (accessed Jun. 5, 2024).

53.001
Definitions 53.011
Land Subject to Prospect 53.012
Application for Right to Prospect 53.013
Conditions of Permit 53.015
Application for Lease 53.016
Issuance of Lease 53.018
Royalty 53.019
Payments 53.020
Assignment and Transfer 53.021
Forfeiture of Lease 53.022
Effect of Subchapter 53.023
Immediate Lease 53.024
Penalty and Interest 53.025
Lease Relinquishment 53.026
In Kind Royalty 53.027
Contracts and Agreements 53.028
Audit Information Confidential 53.061
Authority to Lease Certain Minerals 53.062
Lease of Minerals Separately and Together 53.063
Forms 53.064
Prerequisites for Effectiveness of Lease 53.065
Payments Under Lease 53.066
Damages to Surface 53.067
Payment Procedure 53.068
Production Report and Records 53.069
Forfeiture of Lease 53.070
Reinstatement of Lease 53.071
Lien 53.072
Effect of Certain Laws 53.073
Certain Minerals and Laws Exempt from Subchapter 53.074
Authority and Duties of Agent 53.075
Assignment and Transfer 53.076
Lease Relinquishment 53.077
In Kind Royalty 53.078
Penalty and Interest 53.079
Contracts and Agreements 53.080
Audit Information Confidential 53.081
Lease by Owner of the Soil 53.111
Authority to Operate an Area as a Unit for Production of Sulphur 53.112
Approval of Certain Agreements by School Land Board 53.113
Approval of Agreements 53.114
Commissioner’s Approval 53.115
Provisions of Agreement 53.116
Application to University Land 53.117
Construction of Subchapter 53.118
Ratifications and Other Agreements 53.151
Lease of Certain Areas 53.152
Laws Applicable to Leases 53.153
Conditions of Lease 53.154
Royalty Rate 53.155
Compensation for Damages from Use of Surface 53.156
Contracts and Agreements 53.161
Definitions 53.162
Permit Required for Exploration 53.163
Laws Applicable to Permits 53.1631
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Accessed:
Jun. 5, 2024

§ 53.155’s source at texas​.gov