Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 79(R)

Senate Bill 1103

Senate Author:  Eltife

Effective:  6-17-05

House Sponsor:  Hughes


            Senate Bill 1103 amends the Natural Resources Code to streamline the procedures for selling and leasing certain vacant public land.  The bill expands the powers of the commissioner of the General Land Office related to the sale and lease of vacancies; among other things, the commissioner is authorized to terminate a vacancy application under certain circumstances and to grant extensions in the application process.  The bill establishes shorter deadlines for determining whether a vacancy application is administratively complete and delineates subsequent commissioner actions, based on whether it is found complete or incomplete.  The commissioner is required to appoint an attorney ad litem if an applicant fails to provide sufficient evidence to establish the applicant's ownership of all interests in land surrounding the land claimed to be vacant.  In addition, the bill shifts the responsibility to give notice to necessary parties from the claimant to the commissioner except in certain circumstances.

            Senate Bill 1103 includes other provisions relating to the filing of exceptions to an application, investigating an application, surveying the land, holding a hearing if a final order is not issued within one year of the application date, the commissioner's final order, appeals of certain orders, determination of good-faith-claimant status, a good-faith-claimant's preferential right, and the purchase or lease of vacant land by an applicant.