Journal of the Senate of Texas being the Third Called Session of the Forty-Second Legislature Page: 97
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SENAT JOURAL. 9
provided for in Section 5 of this
act; or, if such debtor is dissatisfied
with the findings and determinations
of the Land Commissioner, to pre-
sent to the Land Commissioner in
writing a statement of such facts
as may have a bearing on the ques-
tion as to whether he is so indebted
to the State, in whole or in part,
as found and determined by the
Land Commissioner. If, within such
ninety day period, the debtor has
not accepted the findings of the
Land Commissioner and has not
presented to the Land Commis-
sioner in writing any facts tend-
ing to show that the findings of
the Land Commissioner are er-
roneous, in whole or in part, then
the Land Commissioner shall there-
upon certify his findings to the At-
torney General, and the Attorney
General may file suit, for the collec-
tion of the amount so found by the
Land Commissioner to be due or for
such other amount as in the judg-
ment of the Attorney General the
facts of the case may warrant, in
a court of competent jurisdiction in
the county in which the land covered
by said oil and gas leases upon which
the bonus and rental money accrued
is situated. If the debtor presents
the written statement, as in this sec-
tion provided, the Land Commis-
sioner shall further examine the
question, and may for this purpose
subpoena and examine such wit-
nesses as in his judgment are nec-
essary in order to ascertain the true
facts as to who is indebted to the
State and the amount thereof, and
shall within six (6) months from
the date such statement is filed with
him notify the debtor in writing of
his final findings as to the amount,
if any, due the State, and if the
Land Commissioner has found that
the debtor is indebted to the State
and the debtor does not within
ninety (90) days after the mailing
of such final findings and determina-
tions by the Land Commissioner
make payment of the amount found
to be due, or execute the obligation
as provided in Section 5 of this act,
the Land Commissioner shall certify
his findings to the Attorney Gen-
eral, and the Attorney General may
institute suit for the recovery of
the amount found and determined by
the Land Commissioner to be due
the State, or for such other amount
as in the judgment of the Attorney
4---Jour.General the facts of the case may
warrant, as hereinabove provided.
Sec. 7. Upon recovery of judg-
ment by the State in any suit as in
this act provided, the defendant or
defendants, as the case may be, by
paying all costs of suit shall be
entitled to a release of the judgment
secured against them, upon payment
of the same, or by executing an ob-
ligation to the State for the amount
of the judgment in the same manner
and extent as is provided in Section
5 of this act. Upon the execution of
such obligation in payment of the
judgment, the Land Commissioner
shall issue a certificate to that effect
and mail the same to the clerk of
the court in which the judgment
was recovered, and such certificate
of the Land Commissioner shall ba
a full and complete release of the
State's judgment against the de-
fendant or defendants against whom
judgment was obtained.
Sec. 8. No suit may be main-
tained by the State for the collec-
tion of any bonus or rental money
because of the execution of any oil
and gas lease under the provisions
of the Relinquishment Act, except
as in this act provided; and provid-
ing further that no suit may be
maintained for the collection of any
such debt or alleged debt due the
State unless such suit is instituted
within two (2) years from the date
this act becomes effective, but this
limitation shall not apply to the
obligation made to the State as pro-
vided in Section 5 of this act.
Sec. 9. The terms and provi-
sions of this act shall not apply to
any indebtedness due the State
which has accrued or which may
accrue subsequent to the 24th day of
February, 1932; and nothing in this
act shall be construed to affect or
change the existing rights and obli-
gations between the laud owners and
the lessees, as to such accrued in-
debtedness.
Sec. 10. If any section, clause,
provision or sentence in this act
contained should ever be held to be
unconstitutional, such holding shall
not affect the remaining portions
of this act, it being the intent of
the Legislature that effect shall be
given to so much of this act as may
be valid, even if a portion of this
act is held to be invalid.
Sec. 11. The indebtedness of
the land owner and the lessee to the97
SENATE JOURNAL.
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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/m1/103/?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.