Part 1.
GENERAL LAND OFFICE
Chapter 1.
EXECUTIVE ADMINISTRATION
Subchapter C. PROCEDURE FOR PATENTING LAND
31 TAC §1.29, §1.30
The Texas General Land Office (GLO) proposes amendments to
31 TAC, Part 1, Chapter 1, Subchapter C, §1.29, relating to Patent Fees,
and §1.30, relating to Scrivener's Error. The proposed amendments reference
31 TAC, Part 1, Chapter 3, for fees relating to Patents and eliminate duplication
of agency fees.
The proposed amendments will provide a reference for fees relating to Procedures
for Patenting Lands currently in §1.29, and §1.30. The GLO recently
organized all the fees and costs the agency charges under 31 TAC, Part 1,
Chapter 3. The GLO organized the fees and costs under one rule in order to
facilitate the public's use of the agency rules, and the public's understanding
of the fees and costs associated with doing business with the GLO. Upon review
of its rules, the GLO found that the patent fees in 31 TAC §1.29 and §1.30
were redundant of those found in Chapter 3. In a continued effort to maintain
and organize its rules that facilitate the public's ease in access and use
of its rules, the GLO proposes the amendments of 31 TAC §1.29 and §1.30.
Larry L. Laine, Chief Clerk of the GLO, has determined that, during the
first five years the proposed amended rule is in effect, there will be no
fiscal implications for state or local government. Mr. Laine has also determined
that there will be no increase in negative fiscal implications for small businesses
and individuals as a result of the proposed amendments.
Mr. Laine, Chief Clerk of the GLO, has determined that, during the first
five years the proposed amended rule will be in effect, the public will benefit
because the amended rule will establish a clear and consistent schedule of
charges for access to and copies of public information and will more fairly
compensate the state for the cost of providing such service.
Comments may be submitted to Mr. Walter Talley,
Texas Register
Liaison, Texas General Land Office, P.O. Box 12873,
Austin, TX 78711, facsimile number (512) 463-6311 or by email to walter.talley@glo.state.tx.us.
In order to be considered, comments must be received no later than thirty
(30) days from the date of publication of this notice.
The amendments are proposed under §§31.051, 31.064,
51.174 and 52.324 of the Texas Natural Resources Code which provides the GLO
with authorization to promulgate rules and to set and collect certain fees.
Texas Government Code, Chapter 552, and Texas Natural Resources Code, Chapters
31, 32, 33, 51 and 52 are affected by the proposed amendments.
§1.29.Patent Fee.
A patent fee
and patent recording fee
[
§1.30.Scrivener's Error.
In cases where a scrivener's error is found in a patent, a corrected
patent shall be issued upon receipt by the General Land Office of an affidavit
of ownership by the landowner, requesting issuance of a corrected patent.
The original patent shall be returned for cancellation or the affidavit must
state the reason why it cannot be returned. No patent fee is required; however,
a patent recording fee
shall be paid in the amount set forth in §3.31
of this title
[
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 March 15, 2006.
TRD-200601675
Trace Finley
Policy Director
General Land Office
Earliest possible date of adoption: April 30, 2006
For further information, please call: (512) 475-1859
Subchapter C. SERVICES AND PRODUCTS
in the amount
of $25 and a patent recording fee in the amount of $2.00
] shall be paid
in the amount set forth in §3.31 of this title
.
in the amount of $2.00 must be paid
].
Chapter 3.
GENERAL PROVISIONS