Opinion No.

Mr. William G. Burnett, P.E. Executive Director Texas Department of Transportation 125 East 11th Street Austin, Texas 78701-2483

Re: Whether article VIII, section 7-a of the Texas Constitution applies to the distribution of oil and gas royalties received from highway rights-of-way (RQ-782)

Dear Mr. Burnett:

We have been informed that the State owns, in fee simple, highway rights-of-way in several tracts located within the boundaries of two unitized oil fields. Recently, a citizen discovered the State's ownership and believes the state lands are inside the boundaries of producing oil fields,…