CHAPTER 109. TEXAS TECH UNIVERSITY SYSTEM

EDUCATION CODE

TITLE 3. HIGHER EDUCATION

SUBTITLE F. OTHER COLLEGES AND UNIVERSITIES

CHAPTER 109. TEXAS TECH UNIVERSITY SYSTEM

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 109.001. TEXAS TECH UNIVERSITY SYSTEM. (a) The Texas Tech

University System hereby created is composed of all those

institutions and entities presently under the governance,

control, jurisdiction, and management of the board of regents of

Texas Tech University.

(b) The Texas Tech University System shall also be composed of

such other institutions and entities as from time to time may be

assigned by specific legislative act to the governance, control,

jurisdiction, and management of the Texas Tech University System.

(c) The governance, control, jurisdiction, organization, and

management of the Texas Tech University System is hereby vested

in the present board of regents of Texas Tech University, which

will hereinafter be known and designated as the board of regents

of the Texas Tech University System. The board by rule may

delegate a power or duty of the board to an officer, employee, or

other agent of the board.

Added by Acts 1999, 76th Leg., ch. 1583, Sec. 2, eff. Sept. 1,

1999.

Sec. 109.01. TEXAS TECH UNIVERSITY. Texas Tech University is a

coeducational institution of higher education located in the city

of Lubbock.

Acts 1971, 62nd Leg., p. 3259, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 109.21. BOARD OF REGENTS. The government, control, and

direction of the policies of the university are vested in a board

of nine regents, who shall be appointed by the governor with the

advice and consent of the senate.

Acts 1971, 62nd Leg., p. 3259, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.22. BOARD MEMBERS: TERMS, VACANCIES. Except for the

initial appointees, members hold office of terms of six years

expiring on January 31 of odd-numbered years. In making the

initial appointments, the governor shall designate three for

terms expiring in 1971, three for terms expiring in 1973, and

three for terms expiring in 1975. Any vacancy shall be filled for

the unexpired portion of the term by appointment by the governor

with the advice and consent of the senate.

Acts 1971, 62nd Leg., p. 3259, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.23. CHIEF EXECUTIVE OFFICER: SELECTION, DUTIES. The

board shall provide a chief executive officer, who shall devote

his attention to the executive management of the university and

who shall be directly accountable to the board for the conduct of

the university. The board, when required by law to be the

governing body of any other state educational institution or

facility, shall also direct the chief executive officer to be

directly responsible for the executive management of that other

institution or facility.

Acts 1971, 62nd Leg., p. 3259, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 109.41. EMINENT DOMAIN. The board of regents has the power

of eminent domain to acquire land needed to carry out the

purposes of the university.

Acts 1971, 62nd Leg., p. 3259, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.42. RESIDENCE FOR PRESIDENT. The board may purchase a

house or may purchase land and construct a house suitable for the

residence of the president of the university.

Acts 1971, 62nd Leg., p. 3259, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.43. DORMITORIES: RULES AND REGULATIONS. The board may

adopt rules and regulations it deems advisable requiring any

class or classes of students to reside in university dormitories

or other buildings.

Acts 1971, 62nd Leg., p. 3260, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.44. RESEARCH PARK. (a) The board may plan, develop,

and maintain a research park on a portion of the campus of the

university. For this purpose, the board may select and set aside

on the campus a tract of land of approximately 150 acres.

(b) The board may subdivide the tract into lots and lease the

lots to persons, firms, foundations, associations, corporations,

and government agencies for the purpose of conducting research.

Each lessee may construct buildings and facilities appropriate

for research, subject to rules of the board.

(c) The board may execute any lease deemed favorable to the

university, and the board shall establish standards of admission

for tenant organizations, rental rates, and architectural and

landscaping standards.

(d) Money received from the rental of sites in the research park

shall be used to offset the expenses involved in developing the

sites and providing utilities and services. Any excess of

receipts over expenses shall be applied toward research

activities undertaken in behalf of the university. The support

and maintenance of the park shall never become a charge against

or obligation of the State of Texas.

(e) The research park shall be used for research only, and the

board shall prohibit manufacturing, social, political, religious,

fraternal, and other uses.

Acts 1971, 62nd Leg., p. 3260, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.45. CITY MUSEUM. (a) The board may rent, lease, or

convey, for a sum of money to be determined by the board, a part

of the campus, not to exceed four acres, to the city of Lubbock

for the sole purpose of building, with bonds or current city

taxes, and maintaining with city tax money, a history, science,

and art museum.

(b) The board may rent or lease a building or any part of a

building on the parcel of land to the city of Lubbock for the

sole purpose of maintaining a history and art museum for a sum of

money to be determined by the board.

(c) The board may dedicate for public use a street or streets

leading to and connecting the parcel of land and building and to

provide ingress and egress to and from a public highway and to

and from adjacent parking lots.

(d) The board, at its discretion, may contract with the city of

Lubbock for the staffing, operation, and maintenance of a history

and art museum with funds provided by the city of Lubbock.

(e) The board may enter into contracts and agreements which are

necessary and proper for carrying out the provisions of this

section, provided that no expenditure of money by the board shall

be made except as may be appropriated by the legislature.

Acts 1971, 62nd Leg., p. 3260, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.46. LEASE OF LAND FOR ARMORY. (a) The board may lease

to a suitable agency of the United States a portion of the

campus, not to exceed five and one-half acres, for a period not

to exceed 99 years, to be used as a site for the erection and

maintenance of an armory building or other suitable building or

buildings for the instruction of students in military and naval

sciences and other subjects.

(b) The board may enter into lease contracts and other contracts

and agreements which are necessary and proper in carrying out the

provisions of this section.

Acts 1971, 62nd Leg., p. 3260, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.47. LEASE OF LAND FOR NATIONAL GUARD ARMORY. (a) The

board may select and lease a portion of the campus to the Texas

National Guard for the purpose of erecting an armory and other

buildings suitable for use by the Texas National Guard. The

board may enter into a lease contract with the adjutant general

on terms which are suitable and satisfactory to the board for a

term of not more than 99 years.

(b) The board may select and set aside a tract of campus land,

not in excess of 10 acres, to be used by the Texas National Guard

as a drill ground.

(c) The board may permit the adjutant general and the Texas

National Guard and any of its subdivisions ingress upon and

egress from the campus for the purpose of going to and from the

armory and other buildings and the drill ground.

Acts 1971, 62nd Leg., p. 3261, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1997, 75th Leg., ch. 1168, Sec. 3,

eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1335, Sec. 10, eff. September 1, 2007.

Sec. 109.48. UTILITIES EASEMENTS. On terms, conditions,

stipulations, and compensation as determined by the board, the

board may convey, dedicate, or use any other appropriate method

of conveyance to grant, convey, or dedicate rights, title,

rights-of-way, or easements involving or in connection with the

furnishing or providing of electricity, water, sewage disposal,

natural gas, telephone, telegraph, or other utility service on,

over, or through the campus of Texas Tech University in Lubbock

County. The chairman of the board may execute and deliver

conveyances or dedications on behalf of Texas Tech University.

Added by Acts 1975, 64th Leg., p. 362, ch. 155, Sec. 1, eff. May

8, 1975.

Sec. 109.49. SALE OF CROPS. Proceeds from the sale, barter, or

exchange of crops resulting from any agricultural activities at

the institution shall be applied to defray the expenses of

conducting the agricultural activities.

Added by Acts 1975, 64th Leg., p. 362, ch. 154, Sec. 1, eff. May

8, 1975.

Sec. 109.52. DONATIONS, GIFTS, GRANTS, AND ENDOWMENTS. The

board may accept donations, gifts, grants, and endowments for

Texas Tech University to be held in trust and administered by the

board.

Added by Acts 1983, 68th Leg., p. 720, ch. 166, Sec. 2, eff. May

20, 1983.

Sec. 109.53. [RESERVED].

Sec. 109.54. MANAGEMENT OF LANDS. The board has the sole and

exclusive management and control of lands set aside and

appropriated to or acquired by the institutions under its

governance. The board may lease, sell, exchange, acquire, dispose

of, and otherwise manage, control, and use the lands in any

manner and at prices and under terms and conditions the board

deems best for the interest of the institutions. However, the

board may not sell any of the original main campus located in

Lubbock, Lubbock County, unless the sale is approved by act of

the legislature. No grazing lease shall be made for a period of

more than five years.

Added by Acts 1975, 64th Leg., p. 1248, ch. 471, Sec. 1, eff.

Sept. 1, 1975. Amended by Acts 1983, 68th Leg., p. 719, ch. 166,

Sec. 1, eff. May 20, 1983. Renumbered from Education Code Sec.

109.48 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(22), eff.

Sept. 1, 1987.

Sec. 109.55. [RESERVED].

SUBCHAPTER D. MINERAL DEVELOPMENT IN UNIVERSITY LAND

Sec. 109.61. MINERAL LEASES; DISPOSITION OF PROCEEDS. (a) The

board may lease for oil, gas, sulphur, or other mineral

development to the highest bidder at public auction all or part

of the lands under the exclusive control of the board owned by

the State of Texas and acquired for the use of Texas Tech

University and its divisions.

(b) Any money received by virtue of this section shall be

deposited in the state treasury to the credit of a special fund

to be known as the Texas Tech University special mineral fund, to

be used exclusively for the university and its branches and

divisions. However, no money shall ever be expended from this

fund except as authorized by the general appropriations act.

Acts 1971, 62nd Leg., p. 3261, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.62. MAJORITY OF BOARD TO ACT. A majority of the board

has power to act in all cases under this subchapter except as

otherwise provided in this subchapter.

Acts 1971, 62nd Leg., p. 3261, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.63. SUBDIVISION OF LAND; TITLES. (a) The board may

have the lands surveyed or subdivided into tracts, lots, or

blocks which, in their judgment, will be most conducive and

convenient to an advantageous sale or lease of oil, gas, sulphur,

or other minerals in the lands; and the board may make maps and

plats which it deems necessary to carry out the purposes of this

subchapter.

(b) The board may obtain authentic abstracts of title to the

lands from time to time as it deems necessary and may take

necessary steps to perfect a merchantable title to the lands.

Acts 1971, 62nd Leg., p. 3261, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.64. SALE OF LEASES; ADVERTISEMENTS; PAYMENTS. (a)

Whenever in the opinion of the board there is a demand for the

purchase of oil, gas, sulphur, or other mineral leases on any

tract or part of any tract of land which will reasonably insure

an advantageous sale, the board shall place the oil, gas,

sulphur, or other mineral leases on the land on the market in a

tract or tracts, or any part of a tract, which the board may

designate.

(b) The board shall have advertised a brief description of the

land from which the oil, gas, sulphur, or other minerals is

proposed to be leased. The advertisement shall be made by

inserting in two or more papers of general circulation in this

state, and in addition, the board may, in its discretion, cause

the advertisement to be placed in an oil and gas journal

published in and out of the state. The board may also mail copies

of the proposals to the county judge of the county where the

lands are located and to other persons the board believes would

be interested.

(c) The board may sell the lease or leases to the highest bidder

at public auction at the university in Lubbock at any hour

between 10 a. m. and 5 p. m.

(d) The highest bidder shall pay to the board on the day of the

sale 25 percent of the bonus bid, and the balance of the bid

shall be paid within 24 hours after the bidder is notified that

the bid has been accepted. Payments shall be made in cash,

certified check, or cashier's check, as the board directs. The

failure of the bidder to pay the balance of the amount bid will

forfeit to the board the 25 percent paid.

Acts 1971, 62nd Leg., p. 3262, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.65. SEPARATE BIDS; MINIMUM ROYALTY; DELAY RENTAL. (a)

A separate bid shall be made for each tract or subdivision of a

tract.

(b) No bid shall be accepted which offers a royalty of less than

one-eighth of the gross production of oil, gas, sulphur, and

other minerals in the land bid upon, and this minimum royalty may

be increased at the discretion of the board.

(c) Every bid shall carry the obligation to pay an amount not

less than $1 per acre for delay in drilling or development. The

amount shall be fixed by the board in advance of the

advertisement. The amount fixed shall be paid every year for five

years unless in the meantime production in paying quantities is

had upon the land or the land is released by the lessee.

Acts 1971, 62nd Leg., p. 3262, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.66. REJECTION OF BIDS; WITHDRAWAL OF LAND. The board

may reject any and all bids and may withdraw any land advertised

for lease.

Acts 1971, 62nd Leg., p. 3262, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.67. ACCEPTANCE; CONDITIONS AND PROVISIONS OF LEASE.

(a) If, in the opinion of the board, any one of the bidders has

offered a reasonable and proper price for any tract, which is not

less than the price set by the board, the lands advertised may be

leased for oil, gas, sulphur, and other mineral purposes under

the terms of this section and subject to regulations prescribed

by the board which are not inconsistent with the provisions of

this section. In the event no bid is accepted by the board at

public auction, any subsequent procedure for the sale of the

leases shall be in the manner prescribed in the preceding

sections.

(b) No lease shall be made by the board which will permit the

drilling or mining for oil, gas, sulphur, or other minerals

within 300 feet of any building on the land without the consent

of the board. In making any lease on any experimental station or

farm, the lease shall provide that the operations for oil, gas,

and other minerals shall not in any way interfere with use of the

land for university purposes and shall not cause the abandonment

of the property or its use for experimental farm purposes. The

lease shall also provide that the lessee operating the property

shall drill and carry on his operations in such a way as not to

cause the abandonment of the property for university purposes,

and the leased property shall be subject to the use by the state

for all university purposes, and the board shall continue to

operate the university.

Acts 1971, 62nd Leg., p. 3262, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.68. ACCEPTANCE AND FILING OF BIDS; YEARLY PAYMENTS;

TERMINATION OF LEASE. (a) If the board determines that a

satisfactory bid has been received for the oil, gas, sulphur, or

other mineral lands, it shall accept the bid and reject all

others and shall file the accepted bid in the general land

office.

(b) Whenever the royalties shall amount to as much as the yearly

payments fixed by the board, the yearly payments may be

discontinued.

(c) If before the expiration of five years oil, gas, sulphur, or

other minerals have not been produced in paying quantities, the

lease shall terminate unless extended as provided in Sections

109.70 and 109.71 of this code.

Acts 1971, 62nd Leg., p. 3263, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.69. AWARD AND FILING OF LEASE. If the board determines

that a satisfactory bid has been received for the oil, gas,

sulphur, or other minerals, it shall make an award to the bidder

offering the highest price, and a lease shall be filed in the

general land office.

Acts 1971, 62nd Leg., p. 3263, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.70. EXPLORATORY TERM OF LEASE; EXTENSION; OTHER

PROVISIONS. (a) The exploratory term of a lease as determined

by the board prior to the promulgation of the advertisement shall

not exceed five years, and each lease shall provide that the

lease will terminate at the expiration of its exploratory term

unless by unanimous vote of the board the lease is extended for a

period of three years.

(b) The lease may be extended if the board finds that there is a

likelihood of oil, gas, sulphur, or other minerals being

discovered by the lessees, and that the lessees have proceeded

with diligence to protect the interest of the state. If oil, gas,

sulphur, or other minerals are being produced in paying

quantities from the premises, the lease shall continue in force

and effect as long as the oil, gas, sulphur, or other minerals

are being so produced. No extension may be made by the board

until the last 30 days of the original term of the lease.

(c) The lease shall include additional provisions and

regulations prescribed by the board to preserve the interest of

the state, not inconsistent with the provisions of this

subchapter.

Acts 1971, 62nd Leg., p. 3263, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.71. EXTENSION OF LEASES. When in the discretion of the

board it is deemed for the best interest of the state to extend a

lease issued by the board, the board may by unanimous vote extend

the lease for a period not to exceed three years, on the

condition that the lessee shall continue to pay yearly rental as

provided in the lease and shall comply with any additional terms

which the board may see fit and proper to demand. The board may

extend the lease and execute an extension agreement.

Acts 1971, 62nd Leg., p. 3264, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.72. CONTROL OF DRILLING AND PRODUCTION. The drilling

for and the production of oil, gas, and other minerals from the

lands shall be governed and controlled by the Railroad Commission

of Texas and other regulatory bodies which govern and control

other fields in this state.

Acts 1971, 62nd Leg., p. 3264, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.73. DRILLING OPERATIONS: SUSPENSION OF RENT;

CONTINUANCE OF LEASE; DUTY TO PREVENT DRAINAGE. (a) If during

the term of a lease issued under the provisions of this

subchapter the lessee is engaged in actual drilling operations

for the discovery of oil, gas, sulphur, or other minerals, no

rentals shall be payable as to the tract on which the operations

are being conducted as long as the operations are proceeding in

good faith.

(b) In the event oil, gas, sulphur, or other minerals are

discovered in paying quantities on any tract of land covered by a

lease, then the lease as to that tract shall remain in force as

long as oil, gas, sulphur, or other minerals are produced in

paying quantities from the tract.

(c) In the event of the discovery of oil, gas, sulphur, or other

minerals on any tract covered by a lease or on any land adjoining

the tract, the lessee shall conduct such operations as may be

necessary to prevent drainage from the tract covered by the lease

to properly develop the same to the extent that a reasonably

prudent man would do under the same and similar circumstances.

Acts 1971, 62nd Leg., p. 3264, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.74. TITLE TO RIGHTS PURCHASED; ASSIGNMENT;

RELINQUISHMENT. (a) Title to all rights purchased may be held

by the owners as long as the area produces oil, gas, sulphur, or

other minerals in paying quantities.

(b) All rights purchased may be assigned. All assignments shall

be filed in the general land office as prescribed by rule,

accompanied by 10 cents per acre for each acre assigned and the

filing fee as prescribed by rule. An assignment shall not be

effective unless filed as required by rule.

(c) All rights to all or any part of a leased tract may be

released to the state at any time by recording a release

instrument in the county or counties in which the tract is

located. Releases shall also be filed with the chairman of the

board and the general land office, accompanied by the filing fee

prescribed by rule. A release shall not relieve the owner of any

obligations or liabilities incurred prior to the release.

(d) The board shall authorize the laying of pipeline and

telephone line and the opening of roads deemed reasonably

necessary in carrying out the purposes of this subchapter.

Acts 1971, 62nd Leg., p. 3264, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1987, 70th Leg., ch. 948, Sec. 37,

eff. Sept. 1, 1987.

Sec. 109.75. PAYMENT OF ROYALTIES; RECORDS; REPORT OF RECEIPTS.

(a) If oil or other minerals are developed on any of the lands

leased by the board, the royalty as stipulated in the sale shall

be paid to the general land office in Austin on or before the

last day of each month for the preceding month during the life of

the rights purchased. The royalty payments shall be set aside in

the state treasury as specified in Section 109.61 of this code

and used as provided in that section.

(b) The royalty paid to the general land office shall be

accompanied by the sworn statement of the owner, manager, or

other authorized agent showing the gross amount of oil, gas,

sulphur, or other minerals produced and sold off the premises and

the market value of the minerals, together with a copy of all

daily gauges, or vats, tanks, gas meter readings, pipeline

receipts, gas line receipts, and other checks and memoranda of

the amounts produced and put into pipelines, vats, tanks, or pool

and gas lines or gas storage. The books and accounts, receipts

and discharges of all wells, tanks, vats, pools, meters, and

pipelines, and all contracts and other records pertaining to the

production, transportation, sale, and marketing of the oil, gas,

sulphur, or other minerals shall at all times be subject to

inspection and examination by any member of the board or any duly

authorized representative of the board.

(c) The commissioner of the general land office shall tender to

the board on or before the 10th day of each month a report of all

receipts from the lease or sale of oil, gas, sulphur, or other

minerals turned into the special fund in the state treasury

during the preceding month.

Acts 1971, 62nd Leg., p. 3265, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.76. PROTECTION FROM DRAINAGE; FORFEITURE OF RIGHTS.

(a) In every case where the area in which oil, gas, sulphur, or

other minerals sold is contiguous or adjacent to lands which are

not lands belonging to and held by the university, the acceptance

of the bid and the sale made thereby shall constitute an

obligation of the owner to adequately protect the land leased

from drainage from the adjacent lands to the extent that a

reasonably prudent operator would do under the same and similar

circumstances.

(b) In cases where the area in which the oil, gas, sulphur, or

other minerals sold is contiguous to other lands belonging to and

held by the university which have been leased or sold at a lesser

royalty, the owner shall protect the land from drainage from the

lands leased or sold for a lesser royalty.

(c) On failure to protect the land from drainage as provided in

this section, the sale and all rights acquired may be forfeited

by the board in the manner provided in Section 109.77 of this

code for forfeitures.

Acts 1971, 62nd Leg., p. 3265, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.77. FORFEITURE AND OTHER REMEDIES; LIENS. (a) Leases

granted under the provisions of this chapter are subject to

forfeiture by the board by an order entered in the minutes of the

board reciting the acts or omissions constituting a default and

declaring a forfeiture.

(b) Any of the following acts or omissions constitutes a

default:

(1) the failure or refusal by the owner of the rights acquired

under this chapter to make a payment of a sum due, either as

rental or royalty on production, within 30 days after the payment

becomes due;

(2) the making of a false return or false report concerning

production, royalty, drilling, or mining by the owner or his

authorized agent;

(3) the failure or refusal of the owner or his agent to drill an

offset well or wells in good faith, as required by the lease;

(4) the refusal of the owner or his agent to allow the proper

authorities access to the records and other data pertaining to

the operations authorized in this subchapter;

(5) the failure or refusal of the owner or his authorized agent

to give correct information to the proper authorities, or to

furnish the log of any well within 30 days after production is

found in paying quantities; or

(6) the violation by the owner of any material term of the

lease.

(c) The board may, if it so desires, have suit for forfeiture

instituted through the attorney general.

(d) On proper showing by the forfeiting owner within 30 days

after the declaration of forfeiture, the lease may be reinstated

at the discretion of the board and upon terms prescribed by the

board.

(e) In case of violation by the owner of the lease contract, the

remedy of forfeiture shall not be the exclusive remedy, and the

state may institute suit for damages or specific performance or

both.

(f) The state shall have a first lien on oil, gas, sulphur, or

other minerals produced in the leased area, and on all rigs,

tanks, vats, pipelines, telephone lines, and machinery and

appliances used in the production and handling of oil, gas,

sulphur, or other minerals produced, to secure the amount due

from the owner of the lease.

Acts 1971, 62nd Leg., p. 3265, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.78. FILING OF DOCUMENTS AND PAYMENT OF ROYALTIES, FEES,

AND RENTALS. (a) All surveys, files, copies of sale and lease

contracts, and other records pertaining to the sales and leases

authorized in this subchapter shall be filed in the general land

office and shall constitute archives.

(b) Payment of all royalties, lease fees, rentals for delay in

drilling or mining, filing fees for assignments and

relinquishments, and all other payments shall be made to the

commissioner of the general land office at Austin. The

commissioner shall transmit all payments received to the

comptroller for deposit to the credit of the Texas Tech

University special mineral fund.

Acts 1971, 62nd Leg., p. 3266, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1997, 75th Leg., ch. 1423, Sec.

5.26, eff. Sept. 1, 1997.

Sec. 109.79. FORMS, REGULATIONS, RULES, AND CONTRACTS. The

board shall adopt proper forms, regulations, rules, and contracts

which, in its judgment, will protect the income from lands leased

pursuant to this subchapter.

Acts 1971, 62nd Leg., p. 3266, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 109.80. MANAGEMENT OF SURFACE AND MINERAL ESTATES. (a)

The board may lease for oil, gas, sulphur, ore, water, and other

mineral development all land under its exclusive control for the

use of the university. The board may make and enter into pooling

agreements, division orders, or other contracts necessary in the

management and development of its land.

(b) All leases, pooling agreements, division orders, or other

contracts entered into by the board shall be on terms that the

board considers in the best interest of the university. The board

may not sell a lease for less than the royalty and rental terms

demanded at that time by the General Land Office in connection

with the sale of oil, gas, and other mineral leases of the public

lands of this state.

(c) All money received under the leases and contracts executed

for the management and development of the land, except revenue

pledged to the payment of revenue bonds or notes, shall be

deposited to the credit of a special fund created by the board.

The board shall designate a depository for the special fund and

protect the money deposited in it by the pledging of assets of

the depository in the same manner as is required for the

protection of public funds. Money deposited in the special fund

may be used by the board for the administration of the

university, for payment of principal of and interest on revenue

bonds or notes issued by the board, and for any other purpose

that in the judgment of the board may be for the good of the

university.

Added by Acts 1983, 68th Leg., p. 720, ch. 166, Sec. 3, eff. May

20, 1983.