Issue Date:
Revised Date: 2017-12-27

Legal Cites

Object Type

Cash — Natural Resources

Origin Date

1931 by the 42nd Leg.

Description

Any tract of land that belongs to the State, including islands, salt and freshwater lakes, bays, inlets, marshes and reefs owned by the State within tidewater limits, the part of the Gulf of Mexico within the State's jurisdiction, unsold surveyed public school land, rivers and channels that belong to the State and land sold with a reservation of minerals to the State are subject to prospect by any person for all minerals except: oil and gas leased under § F, chapter 52; minerals leased under § C; minerals leased under § E. 

Any person who desires to prospect land shall file application with the Commissioner designating the area to be prospected. Each application shall be accompanied by a rental payment of not less than $.25 an acre. Commissioner shall issue to first applicant a permit to prospect the area designated in his application for a period of one year from the date his application is filed. Commissioner may extend permit for a period of one year on payment of an annual rental of 25 cents an acre. No permit may be extended for a period of more than five consecutive years from the date of its issuance.

At any time during the term of the permit, the permittee may file an application to lease the area or a designated portion of the area covered by the permit for the purpose of mining or producing the minerals covered by the permit. Application shall be accompanied by first lease payment of not less than $2 an acre. Annual lease payment after first year and during primary term of lease shall be at least $1 an acre, payable unless production in paying quantities is obtained and royalty is being paid to the State.

Due Date

Bonus and rental due at time of application for lease; rental due annually on or before anniversary date until production established.

Note

Previously, prison land receipts were deposited to the Department of Corrections Mineral Fund Account (0272) per S.B. 290, 67th Leg., R.S., effective April 30, 1981. The account was abolished August 31, 1995 per § 403.095 Government Code.

Highway Lands added by S.B. 894, 67th Reg., R.S., effective August 31, 1981.

Amended by H.B. 2143, 70th Leg., R.S.

USAS Values

Appropriation Year 24
USAS Title HARD MINERAL-PROSPECT & LEASE
Receipt Category 08 – Natural Resources
Receipt Type 80 – Land Income
Object Group 30 – Revenues
USAS Status A
Rev/Exp Category 04 – LAND INCOME