1. (a) The Commission may accept donations of title to land or interest in land that is necessary for reclamation activities. A donation shall not be accepted if the terms or conditions of acceptance are inconsistent with the objectives or requirements of the program.

2. (b) Offers to make a gift of such land or interests in land shall be in writing and shall include:

   1. (1) a statement of the interest which is being offered;
   2. (2) a legal description of the land and a description of any improvements on it;
   3. (3) a description of any limitations on the title or conditions as to the use or disposition of the land existing or to be imposed by the donor;

   4. (4) a statement that:

      1. (A) the donor is the record owner of the interest being offered;
      2. (B) the interest offered is free and clear of all encumbrances except as clearly stated in the offer;
      3. (C) there are no adverse claims against the interest offered;
      4. (D) there are not unredeemed tax deeds outstanding against the interest offered; and
      5. (E) there is no continuing responsibility by the operator under state or federal statutory law for reclamation; and
   5. (5) an itemization of any unpaid taxes or assessments levied, assessed or due which could operate as a lien on the interest offered.
3. (c) If the offer is accepted, a deed of conveyance shall be executed, acknowledged and recorded. The deed shall state that it is made "as a gift under the Surface Mining Control and Reclamation Act of 1977." Title to donated land shall be in the name of the State of Texas.

Source Note:The provisions of this §12.811 adopted to be effective April 7, 1997, 22 TexReg 3093.