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AN ACT
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relating to the General Land Office's determination as to the |
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existence of vacant public school land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.176(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) To purchase or lease land claimed to be vacant, a person |
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must file a vacancy application on a form prescribed by the |
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commissioner. A completed application must include: |
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(1) a description of the land claimed to be vacant that |
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is sufficient to locate the land on the ground; |
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(2) a written statement indicating whether the |
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applicant seeks to purchase the land claimed to be vacant or obtain |
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a mineral lease on the land or both purchase the land and obtain a |
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mineral lease on the land; |
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(3) a list, in a format prescribed by the |
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commissioner, containing the name and last known mailing address of |
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each necessary party whose name appears in the records described by |
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Section 51.172(4)(C); |
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(4) an affidavit executed by the applicant affirming |
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that the applicant conducted a diligent search of all the records |
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described by Section 51.172(4)(C) in preparing the list required by |
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Subdivision (3); |
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(5) if applicable, a statement of the basis for and |
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documentary proof for an assertion of good-faith-claimant status; |
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(6) at the applicant's discretion: |
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(A) a survey report, including: |
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(i) the field notes describing the land and |
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the lines and corners surveyed; and |
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(ii) a plat depicting the results of the |
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survey; or |
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(B) an abstract of title to any land that adjoins |
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the land claimed to be vacant; and |
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(7) any other information required by the |
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commissioner. |
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SECTION 2. Section 51.180(b), Natural Resources Code, is |
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amended to read as follows: |
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(b) If the applicant fails to provide sufficient evidence, |
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as determined by the commissioner, the commissioner shall, not |
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later than the 30th day after the application commencement date, |
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appoint an attorney ad litem to: |
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(1) identify all necessary parties; and |
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(2) represent the interests of any necessary party |
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[identified under Section 51.176(a)(3)] that has not been located. |
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SECTION 3. The change in law made by this Act applies only |
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to a vacancy application filed on or after the effective date of |
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this Act. A vacancy application filed before the effective date of |
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this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1679 was passed by the House on April |
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27, 2007, by the following vote: Yeas 133, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1679 was passed by the Senate on May |
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22, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |