AG Opinion: Mineral Interests & County School Lands

Today General Paxton announced Attorney General Opinion KP-011 settling “Whether a public school district may expend funds for the management of county school lands to determine if a lessee of a mineral estate is fulfilling its duty to explore and develop the mineral estate?”

The answer: 

• No, a school district cannot pay for this. A County has to pay to fulfill its obligation as trustee over the school lands.
• Also, the county can’t get clever, sell the trustee lands, with potential miineral rights, to the school disrrict for $1. Trustees over school lands have fiduciary duties, a $1 sale doesn’t meet those duties.