Bill Text: TX HCR79 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Granting the State of Texas, on behalf of the Permanent School Fund, permission to sue the State of Texas and the University of Texas System.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-21 - Referred to Judiciary & Civil Jurisprudence [HCR79 Detail]
Download: Texas-2013-HCR79-Introduced.html
By: Nevarez | H.C.R. No. 79 |
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WHEREAS, The State of Texas, on behalf of the Permanent | ||
School Fund, ("the PSF") acting by and through Jerry E. Patterson, | ||
Commissioner of the General Land Office and Chairman of the School | ||
Land Board alleges that: | ||
(1) The PSF owns approximately 157 acres of mineral | ||
classified lands, identified as Survey 5 1/2 ("the PSF property") | ||
located in Pecos County, Texas, and exercises sole and exclusive | ||
management and control of the lands set aside and appropriated to or | ||
acquired by the PSF, which was created and is governed by Sections | ||
2, 4, 5, and 6 Article VII, Texas Constitution; | ||
(2) the State of Texas, through the board of regents of | ||
The University of Texas System ("the board"), owns university | ||
blocks 23, 24, and 26 ("university lands") located in Pecos County, | ||
Texas, and exercises sole and exclusive management and control of | ||
the lands set aside and appropriated to or acquired by the permanent | ||
university fund, which was created and is governed by Sections 10, | ||
11, 15, and 18, Article VII, Texas Constitution; | ||
(3) during the year 2008, the board began removing a | ||
fence located on or about the true boundary of the university lands | ||
and began constructing a new fence west of the true boundary of the | ||
university lands and staked a new fence line west of the true | ||
boundary of the university lands; and stated that the location of | ||
the new fence was based on a survey performed by Frank F. Friend, | ||
the field notes of which were filed in the General Land Office in | ||
1939; | ||
(4) the university lands were originally surveyed in | ||
1879 by R. M. Thomson, and Friend later resurveyed the university | ||
lands in 1936, purportedly under the authority of Section 66.41, | ||
Education Code, which called for lands to be resurveyed when it was | ||
impracticable to establish lines and corners as originally | ||
surveyed; | ||
(5) the Friend survey placed the western boundary of | ||
the university lands west of the original R.M. Thomson line, | ||
established in 1879; | ||
(6) the university lands in conflict are subject to | ||
lease for oil and gas exploration. Any attempt by the board to lease | ||
the tracts as described in the Friend resurvey could wrongfully | ||
include 157 acres of PSF minerals, creating problems not only for | ||
the Permanent School Fund, but any potential lessees as well; now, | ||
therefore, be it | ||
RESOLVED by the Texas Legislature, which takes no position in | ||
this issue, that The State of Texas, on behalf of the Permanent | ||
School Fund, acting by and through Jerry E. Patterson, Commissioner | ||
of the General Land Office and Chairman of the School Land Board, is | ||
granted permission to sue the State of Texas, and the board of | ||
regents of The University of Texas System, subject to Chapter 107, | ||
Civil Practice and Remedies Code; and, be it further | ||
RESOLVED, That the PSF may not seek recovery of monetary | ||
damages from the state, but may only seek a determination of the | ||
boundary of the PSF property and a determination of the PSF's rights | ||
through a court order that fixes and determines the true boundary | ||
between the university lands and the PSF property; and be it further | ||
RESOLVED, That the suit authorized by this resolution may be | ||
brought in Pecos or Travis County; and, be it further | ||
RESOLVED, That the relief awarded in the suit authorized by | ||
this resolution is limited to the relief authorized under Chapter | ||
37, Civil Practice and Remedies Code, or Chapter 22, Property Code, | ||
or both; and, be it further | ||
RESOLVED, That the secretary of the board of regents of The | ||
University of Texas System be served process as provided by Section | ||
107.002(a)(3), Civil Practice and Remedies Code. |