Texas House Bill HCR79

Texas 2013 - 83rd Regular

Caption

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.

Impact

Should HCR79 pass, it would facilitate a legal determination pertaining to the true boundary between the PSF property and the university lands. This bill impacts state laws related to property rights and mineral management in Texas. Importantly, it limits the relief sought by the PSF to a determination of boundary rights without seeking monetary damages, thus focusing solely on clarifying land ownership rather than financial restitution. The actions authorized by this resolution may result in significant legal precedents regarding property disputes involving state entities and land management practices in Texas.

Summary

HCR79 is a House Concurrent Resolution that grants the State of Texas, represented by the Permanent School Fund (PSF), the permission to sue the State of Texas and the University of Texas System regarding a boundary dispute involving land in Pecos County. The resolution specifically addresses a conflict over approximately 157 acres of mineral classified lands owned by the PSF and the university lands managed by the University of Texas. The underlying issue arises from a boundary discrepancy between the original survey conducted in 1879 and a resurvey performed in 1936, which has led to disputes regarding the leasing of oil and gas exploration rights on the implicated lands.

Sentiment

The sentiment surrounding HCR79 appears to be marked by a careful approach to a delicate issue between state entities. As both the PSF and the University of Texas System have substantial assets tied up in the lands involved, the resolution is characterized by a desire for resolution over conflict. The non-political nature of the bill, which posits no clear opposition from the legislature, suggests a priority on collaborative resolutions rather than contentious legal battles, with a mutual interest in clarifying land boundaries to prevent future disputes.

Contention

While there is no significant contention highlighted in the discussions around HCR79, it does open pathways for possible disputes over land management practices and responsibilities within the University of Texas System. Concerns could arise over how the outcome of this resolution impacts future interactions between the Permanent School Fund and the University as they navigate mineral leases and boundaries. The authorization of the lawsuit under Texas Civil Practice and Remedies Code, while necessary, indicates the potential for further legal complexities in defining state claims to land ownership.