Bill Text: TX SCR30 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Granting permission to the State of Texas to sue The University of Texas System.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Signed by the Governor [SCR30 Detail]
Download: Texas-2013-SCR30-Comm_Sub.html
Bill Title: Granting permission to the State of Texas to sue The University of Texas System.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Signed by the Governor [SCR30 Detail]
Download: Texas-2013-SCR30-Comm_Sub.html
By: Uresti | S.C.R. No. 30 | |
(Nevarez) | ||
|
||
WHEREAS, 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, | ||
alleges that: | ||
(1) the permanent school fund owns approximately 157 | ||
acres of mineral classified lands, identified as Survey 5 1/2 ("the | ||
permanent school fund 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 permanent | ||
school fund, which was created and is governed by Sections 2, 4, and | ||
5, 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, 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, and any attempt by the board to | ||
lease the tracts as described in the Friend resurvey could | ||
wrongfully include 157 acres of permanent school fund minerals, | ||
creating problems for the permanent school fund and any potential | ||
lessees; now, therefore, be it | ||
RESOLVED by the Legislature of the State of Texas, which | ||
takes no position on 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 Practices and Remedies Code; and, be | ||
it further | ||
RESOLVED, That the permanent school fund may not seek | ||
recovery of monetary damages from the state, but may only seek a | ||
determination of the boundary of the permanent school fund property | ||
and a determination of the permanent school fund's rights through a | ||
court order that fixes and determines the true boundary between the | ||
university lands and the permanent school fund property; and, be it | ||
further | ||
RESOLVED, That the suit authorized by this resolution may be | ||
brought in 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; 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 | ||
Subdivision (3), Subsection (a), Section 107.002, Civil Practice | ||
and Remedies Code. |