Bill Text: TX SCR30 | 2013-2014 | 83rd Legislature | Comm Sub

Texas Senate Concurrent Resolution 30 (Prior Session Legislation)

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



	By: Uresti	S.C.R. No. 30

	(Nevarez)



	SENATE CONCURRENT RESOLUTION
	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.