Texas Marl, Sand, and Gravel Act

In 1911, the State of Texas passed the Marl, Sand, and Gravel Act (now evolved into Title 5, Chapter 86 of the Parks and Wildlife Code). The law codified the state’s ownership of materials in navigable waters, requiring a permit from the Game, Fish and Oyster Commissioner and royalty payment for mining.

The legislation was a response to a 1909 ruling, Goar v. City of Rosenberg, 115 S.W. 653 (Tex. Civ. App. 1909, no writ). In that case, the City of Rosenberg had tried to stop Goar, a riparian landowner, from excavating and selling sand and gravel from the Brazos River bed, and the court had found no statute barring mining or requiring payment to the state.

The Act had big impacts, clarifying the state’s active ownership, management authority, and royalty rights over submerged minerals, powers that were key in bringing oyster dredging to heel in the 1960s.