By: Uresti S.C.R. No. 30
(In the Senate - Filed March 13, 2013; March 20, 2013, read
first time and referred to Committee on Jurisprudence;
April 8, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 8, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.C.R. No. 30 By: Rodriguez
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.
* * * * *