The Laws of Texas, 1929-1931 [Volume 27] Page: 474 of 1,943
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28 GENERAL LAWS.
REGARDING MINERAL RIGHTS ON PUBLIC SCHOOL
AND ASYLUM LANDS.
S. B. No. 310.] CHAPTER 23.
An Act validating and making certain Sections 1 and 2 of Chapter 81,
General Laws of the Second Called Session of the 36the Legislature,
as amended by Section 1, Chapter 38, General Laws of the 1st Called
Session of the 37th Legislature, being Articles 5367 and 5368 of Chapter
4, Title 86, Revised Civil Statutes of Texas, of 1925, relating to
public school and asylum lands; providing that the original sales
affecting lands with mineral reservation may be enlarged to include
15/16 of the minerals in the owners of the soil, reserving to the State
1/16 interest in said minerals as royalty; authorizing such owners to
enlarge their original purchase of school and asylum lands to include
15/16 of oil and gas, or other minerals; authorizing the owner to
develop and produce minerals, or lease, sell or contract said lands for
the development and production of minerals; validating and confirming
oil and gas leases heretofore made and sales or reservations of
royalty and mineral interest; providing for the forfeiture of such
leases under certain conditions, and providing that such forfeiture shall
be in lieu of any claim for consideration or rental; providing that if
any part of this Act shall be held unconstitutional, it shall not affect
the remaining provisions; providing that Articles 5369, 5370, 5371,
5372, 5373, 5374, 5375, 5376, 5377, 5378, and 5379 shall not apply
where the owner of the soil has acquired the legal title to 15/16 of
the minerals; and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Article 5367 of the Revised Civil Statutes
of Texas, of 1925, Chapter 4, Title 86, is hereby validated, and
the title to 15/16 of all minerals in all lands included within the
terms of Sections 1 and 2 of Chapter 81, General Laws of the
Second Called Session of the 36th Legislature as amended by
Section 1, Chapter 38, General Laws of the 1st Called Session
of the 37th Legislature, is hereby vested, confirmed and validated
in the owner of the soil, his heirs, successors and assigns,
and the outstanding sales contracts and patents affecting said
lands are hereby enlarged to include 15/16 of the minerals to
the owner of the soil, his heirs and assigns, and to reserve to
the State 1/16 of the minerals as a free royalty in case of production,
and the owner is authorized to develop said minerals,
or make such leases or sales of same, as he may deem proper,
subject only to the reservation of the State's 1/16 free royalty
interest.
This enlargement of the original sale is made in consideration
of the co-operation of the owner of the soil in promoting the
discovery, development and production of said minerals, and as
a measure of damage to the soil and improvements thereon, and
the further consideration of the payment of one per cent per
acre, and shall not become effective as to any tract or tracts unless
and until the owner of said tract or tracts, his heirs, successors,
assigns, or personal representatives shall make application
to the Commissioner of the General Land Office to enlarge
his original purchase to include 15/16 of the oil and gas and all
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1929-1931 [Volume 27], book, 1931; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth16362/m1/474/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .