The Laws of Texas, 1934-1935 [Volume 29] Page: 71 of 2,086
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FORTY-THIRD LEGISLATURE-SECOND CALLED SESSION. 61
and be in force from and after its passage for a period of two
(2) years, and it is so enacted.
[NOTE.-H. B. No. 88 passed the House, February 23, 1934,
by a vote of 104 yeas, 10 nays; passed the Senate, February 24,
1934, by a vote of 23 yeas, 6 nays.]
Approved March 6, 1934.
Effective March 6, 1934.
RELATING TO MINING CLAIMS AND RIGHTS.
H. B. No. 14.] CHAPTER 20.
An Act relating to mining claims and rights, amending Article 5395 of
Chapter 5 of Title 86 of the Revised Civil Statutes of Texas, 1925 relating
to the time of payment of rentals on mining claims awarded under
Article 5397 of Chapter 5 of Title 86 of the Revised Civil Statutes of
Texas, 1925, and providing royalties to be paid the State from minerals
produced upon such claims; and amending Article 5397 of Chapter 5 of
Title 86 of the Revised Civil Statutes of Texas, 1925 providing for forfeiture
of rights of locater or owner of mining claims by a Land Commissioner
upon default of payment of any sum due within thirty (30)
days after sum is due, or for making false reports or failing or' refusing
access to records, or knowingly failing or refusing to give correct information,
or to furnish Land Office correct reports; providing such forfeited
claims and minerals shall be subject to sale in manner provided by law
for sale of minerals; providing for setting aside forfeiture and reinstating
claims and all rights thereunder under certain conditions; suspending
for a period of one year from the effective date of this Act all laws and
parts of laws in conflict herewith, and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Article 5395, Chapter 5, Title 86, Revised
Civil Statutes of Texas, 1925, be amended so as to hereafter
read as follows:
"Article 5395. The owner of each claim shall pay fifty (50)
cents per acre annually in advance after the award and during
the month of each succeeding January of each year thereafter;
provided, that such owner may at his option pay such fifty (50)
cents per acre due in the month of January, A. D. 1934, within
one year from the effective date of this Act without suffering
the forfeiture of rights provided for in Article 5397, Revised
Civil Statutes of Texas, 1925. In addition to rental payments,
the owner of each claim shall pay a royalty of one-sixteenth of
the value of the production of the minerals upon such claim as
shown by the net smelter, mill, mint, or refinery returns or of
the gross sums arising from the sale of the ore or products
from the claim and received by the owner. Royalties on existing
mineral claims shall be paid on the basis provided for in
the law under which the lease or claim was issued. Royalty
payments arising from the sale of ores, minerals or other prod-
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1934-1935 [Volume 29], book, 1935; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth17292/m1/71/: accessed April 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .