Texas Register

TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 1GENERAL LAND OFFICE
CHAPTER 10EXPLORATION AND DEVELOPMENT OF STATE MINERALS OTHER THAN OIL AND GAS
RULE §10.1Definitions; Exploration and Development Guide
ISSUE 09/18/2009
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) - (4)(No change.)

   (5)Mineral--Any naturally occurring inorganic or organic substance formed through geological processes having a definite chemical composition or a range of characteristic chemical compositions, and distinctive physical properties or molecular structure, or an aggregate thereof, that may be extracted from the earth with an expectation of profit. This includes, but is not limited to, base and precious metals; industrial minerals, such as gypsum, sulphur, talc, etc.; coal and lignite; construction materials such as granite, limestone, rhyolite and other rock that may be quarried for dimension stone or crushed for aggregate; or sand, gravel, caliche, clay and borrow material.

  (6)[(5)] Person--Any individual, partnership, corporation, association, or other legal entity.

  (7)[(6)] PSF--The Permanent School Fund.

  (8)[(7)] PUF--The Public University Fund.

  (9)[(8)] Relinquishment Act lands--Any public free school or asylum lands, whether surveyed or unsurveyed, sold with a mineral classification or reservation between September 1, 1895, and August 21, 1931. For the purposes of this chapter and for convenience, the term "Relinquishment Act lands" shall encompass any other lands, including vacancy lands, patented with all minerals reserved to the state and expressly made subject to the leasing terms and procedures governing Relinquishment Act lands.

  (10)[(9)] Relinquishment Act leases--Leases issued under the Texas Natural Resources Code, Chapter 53, Subchapter C, and §10.5 of this title (relating to Mining Leases on Relinquishment Act Lands).

  (11)[(10)] RRC--The Texas Railroad Commission.

  (12)[(11)] SLB--The School Land Board.

  (13)[(12)] Surface mining--The mining of minerals by removing the overburden, if any, lying above the natural deposit of minerals and mining directly from the natural deposits that are exposed. The term does not include in situ mining activities.

  (14)[(13)] TDC--The Texas Department of Corrections.

  (15)[(14)] TPWD--The Texas Parks and Wildlife Department.

(b)Exploration and development guide. For exploration and development for oil and gas, see Chapter 9 of this title (relating to Exploration and Leasing of State Oil and Gas [Development ]). Minerals, other than oil and gas, underlying state lands are explored and leased in the following ways, depending upon the type of mineral and the type of land.

  (1)PSF lands, upland.

    (A)(No change.)

    (B)All other minerals, [and shell, sand, and gravel:] explored and mined under prospect permits and leases issued by the GLO. See the Texas Natural Resources Code, Chapter 53, Subchapter B; §10.2 of this title (relating to Prospect Permits on State Lands) and §10.3 of this title (relating to Mining Leases on Properties Subject to Prospect).

  (2) - (7)(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 31, 2009

TRD-200903861

Trace Finley

Deputy Commissioner, Policy and Governmental Affairs

General Land Office

Earliest possible date of adoption: October 18, 2009

For further information, please call: (512) 475-1859



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