Texas Register
Liaison, Texas General Land Office,
P.O. Box 12873, Austin, TX 78711-2873, facsimile number (512) 463-6311, or
email to deborah.cantu@glo.state.tx.us. Comments must be received by no later
than thirty (30) days from the date of publication of this proposal.
These rules are proposed under the authority of Tex. Nat. Res.
Code §51.174(c) (Vernon Supp. 2006), which authorizes the commissioner
to adopt rules necessary and convenient to administer the vacancy subchapter.
Tex. Nat. Res. Code, Sale and Lease of Vacancies, §§51.171 -
51.195, are affected by these proposed rules.
§3.31.Fees.
(a)
General.
(1)
Form of payment. Fees may be paid by cash, check, or other
legal means acceptable to the General Land Office. Payment by means of electronic
funds transfer may be required by Texas Government Code §404.095, §9.51
of this title (relating to Royalty and Reporting Obligations to the State),
or by other chapters of this title.
(2)
Time for payment. Payment is generally required in advance
of issuance of permits, leases and other documents and/or delivery of services
and/or materials by the General Land Office.
(3)
Dishonor or nonpayment by other means. In the event a fee
is not paid due to dishonor, nonpayment, or otherwise, the General Land Office
shall have no further obligation to issue permits, leases and other documents
and/or provide services and/or materials to the permittee, lessee, or applicant.
(b)
General Land Office fees. The commissioner is authorized
and required to collect the following fees where applicable.
(1)
Cost of land title documents.
(A)
Preparation of each patent or deed of acquittance: $100.
(B)
Filing fee, original field notes: $25.
(C)
Filing fee, corrected field notes: no charge.
(D)
Filing fee, other instruments required by law to be filed
with the General Land Office or accepted for filing by the General Land Office:
$25 per instrument.
(E)
recording fee per document, per county: the greater of
$10 or the actual amount charged by the county clerk.
(2)
Certificates of facts:
(A)
Narrative certificates of fact consisting of all data from
the inception of chain of title to the date of perfection of title and mineral
history in paragraph form, short form certificate of fact (consisting of original
award date, patent, deeds of acquittance, classification, current mineral
history) and supplemental or limited certificates of fact (consisting of specific
information or start date for history of a specific tract land):
(i)
mineral classified land: per file: $100;
(ii)
non-mineral classified land: per file: $75;
(B)
Spanish documents: $75 per document, in addition to fees
due under §1.3(b)(2)(A)(i) and (ii).
(3)
Certified and non-certified classification letters:
(A)
Certified classification letter: per file: $50;
(B)
Non-certified classification letter: $10 per file.
(4)
Maps and sketches: The General Land Office, Surveying Division
reserves the right to deny duplication of any map or document in the Surveying
Division considered too fragile or brittle to safely copy.
(A)
Official county maps: $15 per map.
(B)
Sketches (large format digital copies); per linear foot:
$2.00.
(C)
Working sketch, per hour ($60 minimum): $40.
(D)
Digitally reproduced archival map collection on special
printer paper.
(i)
48 inches or less: $20 per map plus $8.00 shipping and
handling;
(ii)
greater than 48 inches: $40 per map plus $8.00 shipping
and handling.
(E)
Digitally reproduced archival map collection on CD-ROM/DVD-ROM.
(i)
cost of disk: CD $11, DVD: $16;
(ii)
cost per image: $10;
(iii)
digitization of unscanned map or sketch: $25.
(5)
Digital mapping (GIS):
(A)
GIS maps printed on special printer paper:
(i)
8.5 inch by 11 inch: $7.00;
(ii)
30 inch by 36 inch: $19;
(iii)
36 inch by 48 inch: $27.
(B)
Computer charges for GIS data placed on CD-ROM:
(i)
cost of disk: $11;
(ii)
programming personnel charge: $26 per hour;
(iii)
computer resource charge: $1.50 per minute.
(C)
Postage and handling: $15 per package.
(6)
Spanish translations:
(A)
Original translations: $.15 per word.
(B)
Copies of previously translated Spanish or Mexican titles:
$2.00 per page.
(7)
Vacancies:
(A)
Application fee: $150.
(B)
Filing fee for original field notes: $25.
(C)
Affidavit Filing Fee: $25.
(D)
Each deed, title opinion, or other document [
evidence
] needed to satisfy the commissioner of claimant's status. Filing fee
for each document submitted as required: $25.
(E)
Petition For Disqualification of Surveyor costs associated
including hearing, mailing copies, other expenses, non-refundable: $250.
(F)
Copying Fees:
(i)
Black and white photocopies, per page:
(I)
8.5 inch by 11 inch: $.10
(II)
8.5 inch by 14 inch: $.10
(III)
11 inch by 17 inch: $.25
(ii)
Color photocopies, per page:
(I)
8.5 inch by 11 inch: $.25
(II)
8.5 inch by 14 inch: $.25
(III)
11 inch by 17 inch: $.50
(IV)
Sketches, plats and survey maps (larger than 11 inch by
17 inch): $2.00 per linear foot.
(8)
Appraisal fees. Appraisal fees are charged for appraisals
required by applications for deeds of acquittance and vacancies: For each
tract: $500.
(9)
Duplication fees--For purposes of this section the term
Archival Records is defined as records maintained in the Archives and Records
Division of the Texas General Land Office. The Archives and Records Division
reserves the right to deny duplication of any document or map considered too
fragile or brittle to safely copy. In addition, the Archives and Records Division
reserves the right to specify what method(s) or reproduction may be used.
Archival records for all original records affecting land titles, including
original land grant files, Spanish Collection materials, school land and scrap
files:
(A)
Black and white photocopies and microfilm copies, per page:
(i)
8.5 inch by 11 inch: $1.00;
(ii)
8.5 inch by 14 inch: $1.00;
(iii)
11 inch by 17 inch: $2.00.
(B)
Color photocopies, per page:
(i)
8.5 inch by 11 inch: $2.00;
(ii)
8.5 inch by 14 inch: $2.00;
(iii)
11 inch by 17 inch: $3.00.
(C)
Recorded media:
(i)
VHS videotape, each $10.00, other video formats $20.00
per 30 Minutes, $30.00 per 60 Minutes;
(ii)
Audio cassettes, each: $7.50, audio transfer fee, $25.00
per hour, 1/2 hour minimum;
(iii)
Video Transfer Fee, 1/2 hour - $25.00, 1/2 hour minimum.
(10)
Genealogy search:
(A)
Per name: $10.00.
(B)
Field notes research, per quarter hour (minimum $10): $10.
(C)
Other research of the official records of the General Land
Office, per hour (minimum 1/2 hour): $25.
(11)
Mailing fees:
(A)
Mailing Tubes, each: $3.00.
(B)
Registered mail, each item: $9.75 or current United States
Postal Service rate.
(C)
Handling and preparation for mailing, each item: $15.00
per package (optional).
(D)
Certified mail, each item; $4.25 or current United States
Postal Service rate.
(12)
Certification:
(A)
Individual instruments or maps: $2.00.
(B)
Contents of complete files, each file: $25.
(C)
Copy of official Spanish translations, each: $25.
(13)
Publications:
(A)
Abstract volume (on microfiche): $12.50.
(B)
Abstract volume supplement (hard copy and on microfiche):
$10.
(C)
Abstract volume (digital on CD) $11.00.
(D)
Abstract volume supplement (digital on CD) $11.00.
(E)
Spanish Collection Catalogue (Part I) $15.00.
(F)
Spanish Collection Catalogue (Part II) $15.00.
(14)
Submerged lease data:
(A)
Annual subscription rate: $300.
(B)
Monthly rate: $25.
(C)
Single copy, subscriber: $37.50.
(D)
Single copy, non-subscriber: $75.
(E)
Energy information service, per year: $180.
(F)
Magnetic tape, per tape: $165.
(15)
Geophysical and geochemical exploration:
(A)
Non-Relinquishment Act lands:
(i)
permit application filing fee: $100.
(ii)
exploration and surface/bottom damage fees for unleased
tracts in bays, other tideland areas, and the Gulf of Mexico.
(I)
high velocity energy sources:
(-a-)
$5.00 per acre in bays and other tideland areas;
(-b-)
$2.00 per acre in the Gulf of Mexico;
(II)
low velocity energy sources:
(-a-)
$2.50 per acre in bays and other tideland areas;
(-b-)
$1.00 per acre in the Gulf of Mexico;
(III)
other exploration techniques: negotiable;
(iii)
surface damage fees for unleased uplands:
(I)
vibroseis: $2.50 per acre;
(II)
high velocity energy sources: $5.00 per acre;
(III)
gravity meter and/or magnetometer: fair market value,
but not less than $2.50 per acre;
(IV)
other exploration techniques: negotiable.
(B)
Relinquishment Act lands:
(i)
permit application filing fee: $100;
(ii)
all fees for actual surface damages to personal property,
improvements, livestock, and crops on unleased Relinquishment Act lands, if
any, are to be negotiated with the surface owner. Any fees in excess of those
attributable to the types of surface damages listed in this paragraph must
be shared equally with the state.
(16)
Miscellaneous services and fees:
(A)
In-kind contract maintenance fee. Processing and accounting
for in-kind oil, gas, and other related product contracts, from purchaser
of state-owned products unless deemed unnecessary by the Commissioner: per
barrel delivered: $.05; per MMBTU delivered: $.03.
(B)
Relinquishment Act lease processing fee: $100.
(C)
highway right-of-way lease processing fee, including preparation
of lease: $100.
(D)
pooling application processing fee, including preparation
and filing of pooling agreements: $100.
(E)
oil, gas, and mineral lease application and filing fee,
including processing, lease preparation, and filing of any oil, gas, or mineral
lease not subject to other processing or nomination fees: $100.
(F)
tract nomination fee, oil, gas, or mineral sealed bid lease
sale fee: $100.
(G)
prospect permit filing fee: $50.
(H)
insufficient check fee (for each check returned): $25.
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 January 8, 2007.
TRD-200700030
Trace L. Finley
Policy Director
General Land Office
Earliest possible date of adoption: February 18, 2007
For further information, please call: (512) 305-8598