By: Nevarez H.C.R. No. 79
HOUSE CONCURRENT RESOLUTION
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.