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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to the powers and duties of the board of regents of the  | 
      
      
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        Texas Tech University System and to workers' compensation coverage  | 
      
      
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        for employees of the system's components. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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			 | 
               SECTION 1.  The heading to Subchapter A, Chapter 109,  | 
      
      
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        Education Code, is amended to read as follows: | 
      
      
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			 | 
        SUBCHAPTER A.  GENERAL AND ADMINISTRATIVE PROVISIONS | 
      
      
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               SECTION 2.  Section 109.001, Education Code, is amended by  | 
      
      
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        adding Subsection (d) to read as follows: | 
      
      
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               (d)  The board of regents of the Texas Tech University System  | 
      
      
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        may accept, retain in depositories of its choosing, and administer,  | 
      
      
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        on terms and conditions acceptable to the board, gifts, grants, or  | 
      
      
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        donations of any kind, from any source to the extent not prohibited  | 
      
      
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        by state or federal law, for use by the system or any of the  | 
      
      
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        component institutions of the system. | 
      
      
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               SECTION 3.  Sections 109.21, 109.22, and 109.23, Education  | 
      
      
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        Code, are transferred to Subchapter A, Chapter 109, Education Code,  | 
      
      
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			 | 
        redesignated as Sections 109.002, 109.003, and 109.004, Education  | 
      
      
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        Code, and amended to read as follows: | 
      
      
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               Sec. 109.002 [109.21].  BOARD OF REGENTS.  The government,  | 
      
      
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        control, and direction of the policies of the university system and  | 
      
      
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        the component institutions are vested in a board of nine regents,  | 
      
      
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        who shall be appointed by the governor with the advice and consent  | 
      
      
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        of the senate. | 
      
      
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               Sec. 109.003 [109.22].  BOARD MEMBERS:  TERMS, VACANCIES.   | 
      
      
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        Members of the board will [Except for the initial appointees, 
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          members] hold office for staggered [of] terms of six years, with the  | 
      
      
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        terms of three members expiring on January 31 of odd-numbered  | 
      
      
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        years.  [In making the initial appointments, the governor shall 
         | 
      
      
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          designate three for terms expiring in 1971, three for terms 
         | 
      
      
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          expiring in 1973, and three for terms expiring in 1975.]  Any  | 
      
      
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        vacancy shall be filled for the unexpired portion of the term by  | 
      
      
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        appointment by the governor with the advice and consent of the  | 
      
      
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        senate. | 
      
      
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               Sec. 109.004 [109.23].  CHIEF EXECUTIVE OFFICER:   | 
      
      
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        SELECTION, DUTIES.  The board shall appoint [provide] a chief  | 
      
      
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        executive officer, who shall devote the officer's [his] attention  | 
      
      
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        to the executive management of the university system and who shall  | 
      
      
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        be directly accountable to the board for the conduct of the  | 
      
      
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        university system.  The board, when required by law to be the  | 
      
      
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        governing body of any other state educational institution or  | 
      
      
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        facility, shall also direct the chief executive officer to be  | 
      
      
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        directly responsible for the executive management of that other  | 
      
      
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        institution or facility. | 
      
      
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			 | 
               SECTION 4.  The heading to Subchapter B, Chapter 109,  | 
      
      
        | 
           
			 | 
        Education Code, is amended to read as follows: | 
      
      
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			 | 
        SUBCHAPTER B.  POWERS AND DUTIES [ADMINISTRATIVE PROVISIONS] | 
      
      
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			 | 
               SECTION 5.  Sections 109.41, 109.42, 109.48, and 109.54,  | 
      
      
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        Education Code, are transferred to Subchapter B, Chapter 109,  | 
      
      
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        Education Code, redesignated as Sections 109.051, 109.052,  | 
      
      
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        109.053, and 109.054, Education Code, and amended to read as  | 
      
      
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        follows: | 
      
      
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               Sec. 109.051 [109.41].  EMINENT DOMAIN.  The board of  | 
      
      
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        regents has the power of eminent domain to acquire land needed to  | 
      
      
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        carry out the purposes of the university system and the component  | 
      
      
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        institutions. | 
      
      
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               Sec. 109.052 [109.42].  RESIDENCES FOR CHANCELLOR AND  | 
      
      
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        PRESIDENTS [RESIDENCE FOR PRESIDENT].  The board may purchase a  | 
      
      
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        house or may purchase land and construct a house suitable for the  | 
      
      
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        residence of the chancellor of the university system or a president  | 
      
      
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        of a component [the] university. | 
      
      
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               Sec. 109.053 [109.48].  UTILITIES EASEMENTS.  On terms,  | 
      
      
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			 | 
        conditions, stipulations, and compensation as determined by the  | 
      
      
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        board, the board may convey, dedicate, or use any other appropriate  | 
      
      
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        method of conveyance to grant, convey, or dedicate rights, title,  | 
      
      
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        rights-of-way, or easements involving or in connection with the  | 
      
      
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        furnishing or providing of electricity, water, sewage disposal,  | 
      
      
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        natural gas, telephone, telegraph, or other utility service on,  | 
      
      
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        over, or through the campuses [campus] of the Texas Tech University  | 
      
      
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        System and the component institutions [in Lubbock County].  The  | 
      
      
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        chairman of the board may execute and deliver conveyances or  | 
      
      
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        dedications on behalf of the university system and the component  | 
      
      
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			 | 
        institutions [Texas Tech University]. | 
      
      
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			 | 
               Sec. 109.054 [109.54].  MANAGEMENT OF LANDS.  The board has  | 
      
      
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        the sole and exclusive management and control of lands set aside and  | 
      
      
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        appropriated to or acquired by the institutions under its  | 
      
      
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			 | 
        governance.  The board may lease, sell, exchange, acquire, dispose  | 
      
      
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        of, and otherwise manage, control, and use the lands in any manner  | 
      
      
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        and at prices and under terms and conditions the board deems best  | 
      
      
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        for the interest of the institutions.  However, the board may not  | 
      
      
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        sell any of the original main campus of Texas Tech University  | 
      
      
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        located in Lubbock, Lubbock County, unless the sale is approved by  | 
      
      
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        act of the legislature.  No grazing lease shall be made for a period  | 
      
      
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			 | 
        of more than five years. | 
      
      
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			 | 
               SECTION 6.  The heading to Subchapter C, Chapter 109,  | 
      
      
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        Education Code, is amended to read as follows: | 
      
      
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			 | 
        SUBCHAPTER C.  TEXAS TECH UNIVERSITY [POWERS AND DUTIES] | 
      
      
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               SECTION 7.  Section 109.01, Education Code, is transferred  | 
      
      
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        to Subchapter C, Chapter 109, Education Code, and redesignated as  | 
      
      
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			 | 
        Section 109.101, Education Code, to read as follows: | 
      
      
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			 | 
               Sec. 109.101 [109.01].  TEXAS TECH UNIVERSITY.  Texas Tech  | 
      
      
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			 | 
        University is a coeducational institution of higher education  | 
      
      
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			 | 
        located in the city of Lubbock. | 
      
      
        | 
           
			 | 
               SECTION 8.  Sections 109.43, 109.45, and 109.52, Education  | 
      
      
        | 
           
			 | 
        Code, are redesignated as Sections 109.102, 109.103, and 109.104,  | 
      
      
        | 
           
			 | 
        Education Code, and amended to read as follows: | 
      
      
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			 | 
               Sec. 109.102 [109.43].  DORMITORIES:  RULES AND  | 
      
      
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        REGULATIONS.  The board may adopt rules and regulations it deems  | 
      
      
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			 | 
        advisable requiring any class or classes of students to reside in  | 
      
      
        | 
           
			 | 
        university dormitories or other buildings. | 
      
      
        | 
           
			 | 
               Sec. 109.103 [109.45].  [CITY] MUSEUM.  (a)  The board may  | 
      
      
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        establish [rent, lease, or convey, for a sum of money to be 
         | 
      
      
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          determined by the board, a part of the campus, not to exceed four 
         | 
      
      
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          acres, to the city of Lubbock for the sole purpose of building, with 
         | 
      
      
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			 | 
        
          bonds or current city taxes, and maintaining with city tax money,] a  | 
      
      
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        history, science, and art museum. | 
      
      
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               (b)  The board may provide [rent or lease] a building or any  | 
      
      
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			 | 
        part of a building [on the parcel of land to the city of Lubbock] for  | 
      
      
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			 | 
        the sole purpose of maintaining a history, science, and art museum  | 
      
      
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        [for a sum of money to be determined by the board]. | 
      
      
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			 | 
               [(c)
           
           
          The board may dedicate for public use a street or 
         | 
      
      
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          streets leading to and connecting the parcel of land and building 
         | 
      
      
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          and to provide ingress and egress to and from a public highway and 
         | 
      
      
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          to and from adjacent parking lots.
         | 
      
      
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               [(d)
           
           
          The board, at its discretion, may contract with the 
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          city of Lubbock for the staffing, operation, and maintenance of a 
         | 
      
      
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          history and art museum with funds provided by the city of Lubbock.
         | 
      
      
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               [(e)
           
           
          The board may enter into contracts and agreements which 
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          are necessary and proper for carrying out the provisions of this 
         | 
      
      
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          section, provided that no expenditure of money by the board shall be 
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          made except as may be appropriated by the legislature.] | 
      
      
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			 | 
               Sec. 109.104 [109.52].  DONATIONS, GIFTS, GRANTS, AND  | 
      
      
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        ENDOWMENTS.  The board may accept donations, gifts, grants, and  | 
      
      
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			 | 
        endowments for Texas Tech University to be held for the benefit of  | 
      
      
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			 | 
        the institution [in trust] and administered by the board. | 
      
      
        | 
           
			 | 
               SECTION 9.  Subchapter D, Chapter 109, Education Code, is   | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER D.  MINERAL DEVELOPMENT IN UNIVERSITY LAND | 
      
      
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			 | 
               Sec. 109.151 [109.61].  MINERAL LEASES; DISPOSITION OF  | 
      
      
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        PROCEEDS.  (a)  The board may lease for oil, gas, sulphur, or other  | 
      
      
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        mineral development to the highest bidder at public auction all or  | 
      
      
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			 | 
        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  | 
      
      
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        and its divisions. | 
      
      
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               (b)  Any money received by virtue of this section shall be  | 
      
      
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			 | 
        deposited in a special fund managed by the board to be known as the  | 
      
      
        | 
           
			 | 
        Texas Tech University special mineral fund.  Money in the fund is  | 
      
      
        | 
           
			 | 
        considered to be institutional funds, as defined by Section 51.009,  | 
      
      
        | 
           
			 | 
        of the university and is to be used exclusively for the university  | 
      
      
        | 
           
			 | 
        [and its branches and divisions].  All deposits in and investments  | 
      
      
        | 
           
			 | 
        of the fund shall be made in accordance with Section 51.0031.   | 
      
      
        | 
           
			 | 
        Section 34.017, Natural Resources Code, does not apply to the fund. | 
      
      
        | 
           
			 | 
               Sec. 109.152 [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. | 
      
      
        | 
           
			 | 
               Sec. 109.153 [109.63].  SUBDIVISION OF LAND; TITLES.   | 
      
      
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			 | 
        (a)  The board may have the lands surveyed or subdivided into  | 
      
      
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        tracts, lots, or blocks which, in its [their] judgment, will be most  | 
      
      
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			 | 
        conducive and convenient to an advantageous sale or lease of oil,  | 
      
      
        | 
           
			 | 
        gas, sulphur, or other minerals in and under and that may be  | 
      
      
        | 
           
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        produced from the lands; and the board may make maps and plats which  | 
      
      
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        it deems necessary to carry out the purposes of this subchapter. | 
      
      
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               (b)  The board may obtain authentic abstracts of title to the  | 
      
      
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        lands from time to time as it deems necessary and may take necessary  | 
      
      
        | 
           
			 | 
        steps to perfect a merchantable title to the lands. | 
      
      
        | 
           
			 | 
               Sec. 109.154 [109.64].  SALE OF LEASES; ADVERTISEMENTS;  | 
      
      
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			 | 
        PAYMENTS.  (a)  Whenever in the opinion of the board there is a  | 
      
      
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			 | 
        demand for the purchase of oil, gas, sulphur, or other mineral  | 
      
      
        | 
           
			 | 
        leases on any tract or part of any tract of land which can be [will]  | 
      
      
        | 
           
			 | 
        reasonably expected to result in [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. | 
      
      
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			 | 
               (b)  The board shall have advertised a brief description of  | 
      
      
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			 | 
        the land from which the oil, gas, sulphur, or other minerals is  | 
      
      
        | 
           
			 | 
        proposed to be leased.  The advertisement shall be made by  | 
      
      
        | 
           
			 | 
        publishing [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  | 
      
      
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			 | 
        interested. | 
      
      
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			 | 
               (c)  The board may sell the lease or leases to the highest  | 
      
      
        | 
           
			 | 
        bidder at public auction [at the university in Lubbock at any hour 
         | 
      
      
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			 | 
        
          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, or electronic payment, 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 of the bonus bid paid. | 
      
      
        | 
           
			 | 
               Sec. 109.155 [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.  The board may increase[, 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 $5 [$1] per acre for delay in drilling or development.   | 
      
      
        | 
           
			 | 
        The amount shall be fixed by the board in advance of the  | 
      
      
        | 
           
			 | 
        advertisement.  The delay rental [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. | 
      
      
        | 
           
			 | 
               Sec. 109.156 [109.66].  REJECTION OF BIDS; WITHDRAWAL OF  | 
      
      
        | 
           
			 | 
        LAND.  The board may reject any and all bids and may withdraw any  | 
      
      
        | 
           
			 | 
        land advertised for lease. | 
      
      
        | 
           
			 | 
               Sec. 109.157 [109.67].  ACCEPTANCE; CONDITIONS AND  | 
      
      
        | 
           
			 | 
        PROVISIONS OF LEASE.  (a)  If, in the opinion of the board, [any one 
         | 
      
      
        | 
           
			 | 
        
          of] the highest bidder [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  | 
      
      
        | 
           
			 | 
        500 [300] feet of any building or structure 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 the lessee's [his] operations  | 
      
      
        | 
           
			 | 
        in such a way as not to interfere with uses [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]. | 
      
      
        | 
           
			 | 
               Sec. 109.158 [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 109.160 [109.70] and 109.161 [109.71 of this code]. | 
      
      
        | 
           
			 | 
               Sec. 109.159 [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. | 
      
      
        | 
           
			 | 
               Sec. 109.160 [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 not to exceed [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. | 
      
      
        | 
           
			 | 
               Sec. 109.161 [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 requires [may see fit and proper to demand].   | 
      
      
        | 
           
			 | 
        The board may extend the lease and execute an extension agreement. | 
      
      
        | 
           
			 | 
               Sec. 109.162 [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 applicable regulatory bodies which  | 
      
      
        | 
           
			 | 
        govern and control other fields in this state. | 
      
      
        | 
           
			 | 
               Sec. 109.163 [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 a good and  | 
      
      
        | 
           
			 | 
        workmanlike manner in a good faith attempt to produce oil, gas,  | 
      
      
        | 
           
			 | 
        sulphur, or other minerals from the well [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 individual [man] would do under the same and similar  | 
      
      
        | 
           
			 | 
        circumstances. | 
      
      
        | 
           
			 | 
               Sec. 109.164 [109.74].  TITLE TO RIGHTS PURCHASED;  | 
      
      
        | 
           
			 | 
        ASSIGNMENT; RELINQUISHMENT.  (a)  Title to all rights purchased may  | 
      
      
        | 
           
			 | 
        be held by the lessee [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 lessee [owner] of any obligations or  | 
      
      
        | 
           
			 | 
        liabilities incurred prior to the release. | 
      
      
        | 
           
			 | 
               (d)  The board shall authorize any required infrastructure,  | 
      
      
        | 
           
			 | 
        including [the laying of pipeline and telephone line and] the  | 
      
      
        | 
           
			 | 
        opening of roads deemed reasonably necessary in carrying out the  | 
      
      
        | 
           
			 | 
        purposes of this subchapter. | 
      
      
        | 
           
			 | 
               Sec. 109.165 [109.75].  PAYMENT OF ROYALTIES; RECORDS;  | 
      
      
        | 
           
			 | 
        REPORT OF RECEIPTS.  (a)  If oil, gas, 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 as specified in Section 109.151 [109.61] 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 lessee [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 that are collected from the lease or sale of oil, gas,  | 
      
      
        | 
           
			 | 
        sulphur, or other minerals and that are deposited in the special  | 
      
      
        | 
           
			 | 
        fund as provided by Section 109.151 [109.61] during the preceding  | 
      
      
        | 
           
			 | 
        month. | 
      
      
        | 
           
			 | 
               Sec. 109.166 [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 lessee [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 lessee [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 109.167 [109.77 of 
         | 
      
      
        | 
           
			 | 
        
          this code] for forfeitures. | 
      
      
        | 
           
			 | 
               Sec. 109.167 [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 lessee [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 lessee  | 
      
      
        | 
           
			 | 
        [owner] or the lessee's [his] authorized agent; | 
      
      
        | 
           
			 | 
                     (3)  the failure or refusal of the lessee [owner] or the  | 
      
      
        | 
           
			 | 
        lessee's [his] agent to drill an offset well or wells in good faith,  | 
      
      
        | 
           
			 | 
        as required by the lease; | 
      
      
        | 
           
			 | 
                     (4)  the refusal of the lessee [owner] or the lessee's  | 
      
      
        | 
           
			 | 
        [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 lessee [owner] or the  | 
      
      
        | 
           
			 | 
        lessee's [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 lessee [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 lessee [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 lessee [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 or that may be 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 lessee [owner of the lease]. | 
      
      
        | 
           
			 | 
               Sec. 109.168 [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 board for  | 
      
      
        | 
           
			 | 
        deposit to the credit of the Texas Tech University special mineral  | 
      
      
        | 
           
			 | 
        fund as provided by Section 109.151 [109.61]. | 
      
      
        | 
           
			 | 
               Sec. 109.169 [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. | 
      
      
        | 
           
			 | 
               Sec. 109.170 [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. | 
      
      
        | 
           
			 | 
               SECTION 10.  Sections 110.01, 110.02, 110.11, and 110.32,  | 
      
      
        | 
           
			 | 
        Education Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 110.01.  TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER;  | 
      
      
        | 
           
			 | 
        SEPARATE INSTITUTION.  Texas Tech University Health Sciences Center  | 
      
      
        | 
           
			 | 
        is a separate institution and not a department, school, or branch of  | 
      
      
        | 
           
			 | 
        Texas Tech University but is under the direction, management, and  | 
      
      
        | 
           
			 | 
        control of the Texas Tech University System Board of Regents.  The  | 
      
      
        | 
           
			 | 
        center is composed of a medical school and other components  | 
      
      
        | 
           
			 | 
        assigned by law or by the coordinating board. | 
      
      
        | 
           
			 | 
               Sec. 110.02.  CONCURRENT [AND SEPARATE] POWERS.  The board  | 
      
      
        | 
           
			 | 
        of regents has the same powers of governance, control,  | 
      
      
        | 
           
			 | 
        jurisdiction, and management [direction, management, and control]  | 
      
      
        | 
           
			 | 
        over the Health Sciences Center as it exercises [they exercise]  | 
      
      
        | 
           
			 | 
        over the Texas Tech University System and its components.   | 
      
      
        | 
           
			 | 
        [However, the board shall act separately and independently on all 
         | 
      
      
        | 
           
			 | 
        
          matters affecting the Health Sciences Center as a separate 
         | 
      
      
        | 
           
			 | 
        
          institution.] | 
      
      
        | 
           
			 | 
               Sec. 110.11.  MEDICAL SCHOOL ADMISSION POLICIES.  The board  | 
      
      
        | 
           
			 | 
        of regents [Board of Regents] shall promulgate appropriate rules  | 
      
      
        | 
           
			 | 
        and regulations pertaining to the admission of students to the  | 
      
      
        | 
           
			 | 
        medical school [which will provide for admission of those students 
         | 
      
      
        | 
           
			 | 
        
          to its entering class each year who are equally or as well qualified 
         | 
      
      
        | 
           
			 | 
        
          as all other students and who have entered a contract with or 
         | 
      
      
        | 
           
			 | 
        
          received a commitment for a stipend, grant, loan or scholarship 
         | 
      
      
        | 
           
			 | 
        
          from the State Rural Medical Education Board.  The State Rural 
         | 
      
      
        | 
           
			 | 
        
          Medical Education Board may contract with medical students 
         | 
      
      
        | 
           
			 | 
        
          providing for such students to engage in a general or family 
         | 
      
      
        | 
           
			 | 
        
          practice of medicine for not less than four years after licensing 
         | 
      
      
        | 
           
			 | 
        
          and a period of medical residency, as determined by the rules and 
         | 
      
      
        | 
           
			 | 
        
          regulations established by the State Rural Medical Education Board, 
         | 
      
      
        | 
           
			 | 
        
          in cities of Texas which have a population of less than 5,000 or in 
         | 
      
      
        | 
           
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          rural areas, as that term may be defined by the State Rural Medical 
         | 
      
      
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          Education Board, and said Board is hereby given the authority to 
         | 
      
      
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          define and from time to time redefine the term rural area, at the 
         | 
      
      
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          time the medical practice is commenced.  This contract shall 
         | 
      
      
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          provide for a monthly stipend of at least $100 to be granted by the 
         | 
      
      
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          State Rural Medical Education Board to each person under contract 
         | 
      
      
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          with the State while enrolled as a medical school student]. | 
      
      
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			 | 
               Sec. 110.32.  CONCURRENT POWERS.  The board of regents has  | 
      
      
        | 
           
			 | 
        the same powers of governance, control, jurisdiction, and  | 
      
      
        | 
           
			 | 
        management [direction, management, and control] over the Texas Tech  | 
      
      
        | 
           
			 | 
        University Health Sciences Center at El Paso as the board of regents  | 
      
      
        | 
           
			 | 
        exercises over the other component institutions of the Texas Tech  | 
      
      
        | 
           
			 | 
        University System. | 
      
      
        | 
           
			 | 
               SECTION 11.  The heading to Section 501.022, Labor Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 501.022.  EMPLOYEES OF COMPONENT INSTITUTIONS OR SYSTEM  | 
      
      
        | 
           
			 | 
        ADMINISTRATION OF TEXAS TECH UNIVERSITY SYSTEM. | 
      
      
        | 
           
			 | 
               SECTION 12.  Section 501.022, Labor Code, is amended by  | 
      
      
        | 
           
			 | 
        amending Subsection (a) and adding Subsections (e) and (f) to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (a)  An eligible employee of Texas Tech University, Texas  | 
      
      
        | 
           
			 | 
        Tech University Health Sciences Center, Angelo State University,  | 
      
      
        | 
           
			 | 
        Texas Tech University System Administration, Texas Tech University  | 
      
      
        | 
           
			 | 
        Health Sciences Center at El Paso, or another agency under the  | 
      
      
        | 
           
			 | 
        direction and control of the board of regents of the Texas Tech  | 
      
      
        | 
           
			 | 
        University System is entitled to participate in the workers'  | 
      
      
        | 
           
			 | 
        compensation program for state employees provided under this  | 
      
      
        | 
           
			 | 
        chapter. | 
      
      
        | 
           
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               (e)  For purposes of this chapter, Texas Tech University  | 
      
      
        | 
           
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        System Administration is a state agency and shall act in the  | 
      
      
        | 
           
			 | 
        capacity of employer. | 
      
      
        | 
           
			 | 
               (f)  For purposes of this chapter, Texas Tech University  | 
      
      
        | 
           
			 | 
        Health Sciences Center at El Paso is a state agency and shall act in  | 
      
      
        | 
           
			 | 
        the capacity of employer. | 
      
      
        | 
           
			 | 
               SECTION 13.  The following provisions of the Education Code  | 
      
      
        | 
           
			 | 
        are repealed: | 
      
      
        | 
           
			 | 
                     (1)  Section 109.44; | 
      
      
        | 
           
			 | 
                     (2)  Section 109.46; | 
      
      
        | 
           
			 | 
                     (3)  Section 109.47; | 
      
      
        | 
           
			 | 
                     (4)  Section 109.49; | 
      
      
        | 
           
			 | 
                     (5)  Section 110.04; and | 
      
      
        | 
           
			 | 
                     (6)  Section 110.14. | 
      
      
        | 
           
			 | 
               SECTION 14.  This Act takes effect immediately if it  | 
      
      
        | 
           
			 | 
        receives a vote of two-thirds of all the members elected to each  | 
      
      
        | 
           
			 | 
        house, as provided by Section 39, Article III, Texas Constitution.   | 
      
      
        | 
           
			 | 
        If this Act does not receive the vote necessary for immediate  | 
      
      
        | 
           
			 | 
        effect, this Act takes effect September 1, 2015. |