Section 10.1 - Definitions; Exploration and Development Guide(a) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Board--The School Land Board.(2) Commissioner--The commissioner of the General Land Office.(3) GLO--The General Land Office.(4) Land trade lands--Lands, the surface of which have been sold or traded with mineral rights and leasing rights retained by the state.(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) Person--Any individual, partnership, corporation, association, or other legal entity.(7) PSF--The Permanent School Fund.(8) PUF--The Public University Fund.(9) 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) 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) RRC--The Texas Railroad Commission.(12) SLB--The School Land Board.(13) 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) TDC--The Texas Department of Corrections.(15) 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). 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) Coal, lignite, sulphur, salt, and potash: leased by sealed bid by the SLB. See the Texas Natural Resources Code, Chapter 53, Subchapter E and I, and § 10.4 of this title (relating to Exploration and Mining Leases for Minerals Subject to Sealed Bid).(B) All other minerals, 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) PSF lands, submerged, and state-owned riverbeds and channels. (A) Coal, lignite, sulphur, salt, and potash: subject to exploration under § 10.4 of this title (relating to Exploration and Mining Leases for Minerals Subject to Sealed Bid). Leased by sealed bid by the SLB. See the Texas Natural Resources Code, Chapter 53, Subchapter E; § 10.4 of this title (relating to Exploration and Mining Leases for Minerals Subject to Sealed Bid).(B) Marl, shell, sand, gravel, and mudshell: mined under permit issued by the TPWD. See the Texas Parks and Wildlife Code, Chapter 86.(C) All other minerals: subject to exploration under § 10.2 of this title (relating to Prospect Permits on State Lands). Mined under 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).(3) Relinquishment Act lands. All minerals: leased by surface owner as agent for the state. See the Texas Natural Resources Code, Chapter 53, Subchapter C; § 10.5 of this title (relating to Mining Leases on Relinquishment Act Lands).(4) Land trade lands. (A) Coal, lignite, sulphur, salt, and potash: leased by sealed bid by the SLB. See the Texas Natural Resources Code, Chapter 53, Subchapter E; § 10.4 of this title (relating to Exploration and Mining Leases for Minerals Subject to Sealed Bid).(B) All other minerals, explored and mined under prospect permits and/or 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).(5) State agency lands (except TPWD and TDC lands). All minerals: leased by sealed bid by the SLB. See the Texas Natural Resources Code, Chapter 32, Subchapters D and E; Chapter 153 of this title (relating to Exploration and Development).(6) TDC and TPWD lands. All minerals: leased by sealed bid by the appropriate board for lease. See the Texas Natural Resources Code, Chapter 34; §§ 201.5- 201.8 of this title (relating to Land for Lease; Excluded Land; Lease Sale; and Nominations of Tracts for Lease).(7) PUF lands. All minerals: lease or otherwise develop as decided by the board of regents. See the Texas Education Code, § 66.44.31 Tex. Admin. Code § 10.1
The provisions of this §10.1 adopted to be effective March 22, 1989, 14 TexReg 1280; amended to be effective July 11, 2004, 29 TexReg 6308; amended to be effective December 10, 2009, 34 TexReg 8776