Journal of the Senate of Texas being the Third Called Session of the Forty-Second Legislature Page: 95
This legislative document is part of the collection entitled: Texas Senate Journals and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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SENATE JOURNAL.
against the debtor when accepted
by him; providing for the making
of a statement in writing by the
Land Commissioner to the At-
torney General of the facts found
by him in each case; authorizing
the Attorney General to bring suit
for the collection of the amount
found to be due the State and
when in the judgment of the At-
torney General the State is en-
titled to a larger amount than that
found by the Land Commissioner,
to sue lor such larger amount,
fixing the venue of all suits for
the recovery of bonus and rental
money due the State; providing
that no suit may be maintained by
the State for the collection of any
bonus or rental money except as
in this Act provided, and that
suit may not be maintained for a
larger amount than that found
to be due by the Land Commis-
sioner after one year from the
date of the Land Commissioner's
written statement to the Attorney
General, and that no suit for the
collection of such debts may be
maintained unless instituted with-
in two years from the date this
Act becomes effective; providing
that the terms and provisions of
this Act shall not apply to any
indebtedness due the State for
bonus or rental money under the
Relinquishment Act which has ac-
crued or may accrue subsequent
to the 24th day of February,
1932; and that nothing in this
Act shall be construed to affect
or change the existing rights and
obligations between the land
owners and lessees as to such ac-
crued indebtedness; the finding
of certain facts by the Legisla-
ture; defining the terms used in
this Act; providing that if any
portion of this Act ever be held
to be unconstitutional such hold-
ing shall not affect the remaining
portions of this Act; and declar-
ing an emergency.
Be it enacted by the Legislature of
the State of Texas:
Section. 1. Wherever the term
"Relinquishment Act" is used in
this act, the same is meant to refer
to and to include Chapter 81 Printed
Acts of the Second Called Session
of the 36th Legislature and the
amendment thereof enacted by the
First Called Session of the 37th
Legislature. Wherever the term"debtor" is used in this act, it is
meant to include and does include
all persons, firms, partnerships and
corporations indebted to or claimed
by the State to be indebted to it for
bonus and rental money accrued
under and by reason of the terms
and conditions of the Relinquish-
ment Act. The term "Land Com-
missioner," wherever used in this
act, means the Commissioner of the
General Land Office of the State of
Texas. The term "land owner" or
"land owners," wherever used in
this act, means the owner of land
that came within the provisions of
the Relinquishment Act. The term
"lessee" or "lessees," wherever used
in this act, means the person, firm,
partnership or corporation to whom
an oil and gas lease was made by
the land owner for himself and as
agent of the State, under the Re-
linquishment Act.
Sec. 2. The Supreme Court of
this State has held, more than twelve
years after the enactment of the
Relinquishment Act, that the State
is entitled to one-half of all bonus
and rental money received by or
payable to the land owners from
persons and corporations to whom
oil and gas leases were made under
the provisions of said Relinquish-
ment Act, and has also held that the
State is entitled to receive from the
lessees of such oil and gas leases an
annual minimum rental of ten cents
per acre. Many of the oil and gas
leases so executed were never re-
corded, and in other instances the
rentals and bonus recited in the
leases were not correct, in that,
other and different considerations,
either more or less, were paid or
contracted to be paid, than that
which was set forth in the lease
contract. More than twelve years
have elapsed since the enactment
of the Relinquishment Act. Many
persons who, by the decision of the
Supreme Court, became indebted to
the State under the terms and con-
ditions of the Relinquishment Act
are now dead. Others are insolvent;
and still others, while not insolvent,
are unable to pay their debt to the
State at this time. The amounts
owing to the State as bonus and
rental money are not now known;
nor is it known who are so indebted
to the State. It is, therefore, nec-
essary and imperative that the State
ascertain, while witnesses are living95
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Reference the current page of this Legislative Document.
Texas. Legislature. Senate. Journal of the Senate of Texas being the Third Called Session of the Forty-Second Legislature, legislative document, 1932; (https://texashistory.unt.edu/ark:/67531/metapth142181/m1/101/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.