Sec. 31.068. STANDING TO ENFORCE RESTRICTIONS  


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  • (a) The commissioner and the attorney general have standing to enforce a:

    (1) restrictive covenant affecting real property owned by the permanent school fund or a state agency;

    (2) restriction expressed in a transfer document or legislative act conveying real property then owned by the state; or

    (3) statutory restriction on the sale or lease of real property patented or leased by the state to a navigation district, including a restriction provided by Section 61.116 or 61.117, Water Code.

    (b) The attorney general, on the attorney general's own initiative or at the request and on behalf of the commissioner, may bring suit to enforce the rights of the state under this section.

    (c) This section does not apply to:

    (1) permanent university fund land; or

    (2) other real property controlled or administered by the board of regents of The University of Texas System.

Added by Acts 1997, 75th Leg., ch. 613, Sec. 1, eff. June 11, 1997. Amended by Acts 2003, 78th Leg., ch. 1091, Sec. 14, eff. June 20, 2003.