73R5364 DWS-F
By Cook H.J.R. No. 91
A JOINT RESOLUTION
1-1 proposing a constitutional amendment authorizing the commissioner
1-2 of the General Land Office to issue mineral patents for certain
1-3 university fund land held in good faith under color of title for at
1-4 least 50 years.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article VII of the Texas Constitution is amended
1-7 by adding Section 12A to read as follows:
1-8 Sec. 12A. (a) On application to the Board of Regents of The
1-9 University of Texas, an individual is entitled to receive a mineral
1-10 patent to land from the commissioner of the General Land Office if:
1-11 (1) the land is surveyed university land, either
1-12 surveyed or platted according to records of the General Land
1-13 Office;
1-14 (2) the minerals underlying the land were not
1-15 patentable under the law in effect immediately before adoption of
1-16 this section;
1-17 (3) the person acquired the land without knowledge of
1-18 defect in the title to the minerals out of the State of Texas or
1-19 Republic of Texas and held the land under color of title, the chain
1-20 of which dates from January 1, 1944, or earlier; and
1-21 (4) the person, in conjunction with the person's
1-22 predecessors in interest:
1-23 (A) has a recorded deed on file in the
1-24 appropriate county courthouse and has claimed the land continuously
2-1 for at least 50 years as of January 1, 1994; and
2-2 (B) for at least 50 years has paid taxes on the
2-3 land and any interest or penalties associated with delinquency of
2-4 the taxes, except that if public records concerning the tax
2-5 payments on the land are unavailable for any period within the
2-6 preceding 50 years, the tax assessor-collector of each taxing
2-7 jurisdiction in which the land is located shall provide the Board
2-8 of Regents of The University of Texas with a sworn certificate
2-9 stating whether, to the best of the assessor-collector's knowledge,
2-10 all taxes have been paid for the preceding 50 years and whether
2-11 there are outstanding taxes, interest, or penalties currently due
2-12 on the property.
2-13 (b) On request of the Board of Regents of The University of
2-14 Texas, the applicant for the mineral patent shall submit to the
2-15 board certified copies of the applicant's chain of title and a
2-16 survey of the land for which the mineral patent is sought. The
2-17 board shall determine the applicant's qualifications to receive a
2-18 patent under this section. On a finding by the board that the
2-19 applicant meets the requirements of Subsection (a) of this section,
2-20 the commissioner of the General Land Office shall award the
2-21 applicant a patent without reservation of minerals. If the
2-22 applicant is denied a patent, the applicant may appeal in a
2-23 district court of the county in which the land is situated. The
2-24 appeal must be brought not later than 60 days after the date of the
2-25 denial of the patent under this section. The appeal is by trial de
2-26 novo and is not subject to a statute with general application to
2-27 contested administrative cases. The burden of proof that the
3-1 patent should be issued is on the applicant.
3-2 (c) This section does not apply to beach land, submerged
3-3 land, filled land, or an island and may not be used by an applicant
3-4 to resolve a boundary dispute. This section does not apply to
3-5 land:
3-6 (1) that was found by a court of competent
3-7 jurisdiction in an action filed before the date of an application
3-8 under this section to be state owned; or
3-9 (2) on which the state has given a mineral lease that
3-10 is in effect on the date of the application if the land is actually
3-11 producing minerals under the lease.
3-12 (d) An application for a patent under this section must be
3-13 filed with the Board of Regents of The University of Texas before
3-14 January 1, 1996.
3-15 SECTION 2. This proposed constitutional amendment shall be
3-16 submitted to the voters at an election to be held on November 2,
3-17 1993. The ballot shall be printed to provide for voting for or
3-18 against the proposition: "The constitutional amendment authorizing
3-19 the commissioner of the General Land Office to issue patents
3-20 without reservation of minerals for certain university fund land
3-21 held in good faith under color of title for at least 50 years."