(a) A good-faith claimant who has been notified by the commissioner that a vacancy exists under this subchapter has a preferential right to purchase or lease the interest claimed in the land before the land was declared vacant under terms and conditions set by the board. The preferential right may be exercised after a final judicial determination or after the commissioner's final order and the period for filing an appeal has expired.
(b) If a good-faith claimant does not apply to purchase or lease the interest before the later of the 121st day after the date the commissioner's order becomes final or the 60th day after the date of the final judicial determination of an appeal under this subchapter, then the good-faith claimant's preferential right expires.
(c) If a good-faith claimant does not close a transaction to purchase or lease the interest before the 121st day after the date the terms and conditions are determined by the board, then the good-faith claimant's preferential right expires.
(d) A good-faith claimant may purchase or lease the vacancy by submitting a written application to the board. The agency will provide the good-faith claimant with the proper application.
(e) A good-faith claimant that owns a separate surface interest, a contractual right to a mineral or leasehold interest, a leasehold interest, or a royalty interest in the land occupied or used that is found to be part of or to include a vacancy is entitled to purchase or lease that same interest at the price and under the terms and conditions set by the board and in accordance with the law in effect on the date the application is properly filed.
(f) If the interest purchased under subsection (e) of this section is less than a permanent interest, then:
  (1) the interest purchased is limited to the duration of a deed, contract, instrument, or lease in existence before the filing of the vacancy application and subject to a division of the amount of the royalty between the state and the existing royalty owners, provided that the state retains at least one-half of the amount of the royalty interest; and
  (2) the interest and any remaining mineral interest, including all executory rights, vest with the state at the expiration of the deed, contract, instrument, or lease.

Source Note: The provisions of this §13.60 adopted to be effective February 22, 2011, 36 TexReg 1154