Texas Attorney General Opinion: O-523 Page: 1 of 7
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THE AO Y. GENERAL
GERclD C *MAN
Ausnrm 11, TaEXAS
March 29, 1939
Honorable Basoom (iles
Camds ioner of the General Land Office
Opinion No. 0-523
Re: Effect of Section 10, Ch. 271
General Laws of 1931, on pre-
existing river bed oil and gas
Dear Mr. Giles
This acknowledges receipt of and is in reply to your letter
of March 17, 1939, in which you request the opinion of this Department
upon the question of whether or not Section 10 of Chapter 271, General
laws of 1931, repealed the $2.00 per sore lease rental provision con-
tained in Chapter 140, General Laws of 39th Legislature, 1925. You fur-
ther request our opinion as to whether or not you should issue a renewal
lease to Mrs. Nonie O'Brien upon the expiration of the present oil and
gas lease which she holds covering 398.229 acres in the Trinity River bed
in Liberty County, Texas.
As we understand your letter, on October 5, 1928, permit No.
,1272 to prospect for oil and gas was issued to Mrs. Nonie O"Brien cover-
ing the portion of the Trinity River bed in question. On April 30, 1929,
after proper proof of the discovery of oil had been made to your office,
oil and gas lease No. 12724 was issued to Mrs. Nonie O'Brien, her heirs
and assigns, said lease having been issued under the terms end provisions
of Chapter 83, Acts of 1917, as amended by Oh. 140, Acts of 1925, 39th
Legislature, which latter statute appears as Article 5344, Vernon'd Civil
Annotated Statutes, 1925, said article reading as follows:
"Upon the payment of $2.00 (two dollars) per acre
for each acre in the permit a lease shall be issued
for a term of ten (10) years, or less, as may be desired
by the applicant, and with the optinn of a renewal or
renewals for an equal or shorter period, and immediately
after the experation (expiration) of the first year after
the date of the lease, the sum of (two) ($2.00) dollars
Super acre shall be paid during the life of the lease, and
in addition thereto, the owner of the lease shall pay a sum
of money equal to a royalty of one-eighth of the value of
the ross production of petroleum. The owner of a gas well
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-523, text, 1939; (texashistory.unt.edu/ark:/67531/metapth257705/m1/1/: accessed January 17, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.