Section 61.212 - Exemptions From Subchapter(a) The provisions of this subchapter do not apply: (1) to excavating, taking, removing, or carrying away sand, marl, gravel, or shell made for the purpose of constructing improvements on real property if the improvements are constructed on the property on which the excavating, taking, removing, or carrying away occurs;(2) to any landowner who desires to shift sand, marl, gravel, or shell from one location to another on land wholly owned by him; or(3) to any agency of the federal or state government or any county, city, or other political subdivision or any of their agents or officers acting in their official capacities.(b) Any person who holds a lease that was issued by the state under Chapter 377, Acts of the 57th Legislature, Regular Session, 1961 (Article 5415e, Vernon's Texas Civil Statutes), before it was repealed shall be treated as an owner of the land and shall be entitled to excavate, take, remove, and carry away sand, marl, gravel, or shell for the purposes provided in Subsection (a) of this section without obtaining a permit from the commissioners court.Tex. Nat. Res. Code § 61.212
Acts 1977, 65th Leg., p. 2488, ch. 871, art. I, Sec. 1, eff. 9/1/1977.