BILL ANALYSIS



H.B. 1798
By: McCoulskey
April 18, 1995
Committee Report (Amended)


BACKGROUND

H.B. 1798 is the enabling act for the implementation of HJR 82,
which proposes a constitutional amendment to Article VII
authorizing the legislature to provide a process to allow the
curing of certain land titles by the issuance of patents under
certain conditions.  It would amend Chapter 51, Natural Resources
Code to add new Sections 11.083 and 11.084.

PURPOSE

H.B. 1798 sets forth the procedure by which patents would be
issued.  It defines the process by which applications for patents
are made and reviewed, specifies the conditions which must be met
by the applicant, and sets forth the basis of consideration by the
three (3) member panel.  The bill sets constraints on the extent of
applicability of the process and excludes certain lands from its
application.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants additional
rulemaking authority in SECTION 1 to the commissioner of the Texas
General Land Office.

SECTION BY SECTION ANALYSIS

SECTION 1  Amends Subchapter D, Chapter 11, Natural Resources Code,
           by the addition of Sections 11.083 and 11.084.

           Section 11.083(a) creates a three (3) member panel
           composed of the Commissioner of the Texas General Land
           Office, the Attorney General, and the Comptroller, which
           shall issue a patent releasing all or part of the
           state's interest in land, including mineral rights, if
           the panel finds that:

           A)  the land is surveyed, unsold, permanent school fund
           ("PSF") land according to the records of the GLO;
           B)  the land cannot be patented under existing law
           (prior to 1/1/1996); and
           C)  the person claiming title to the land;
               i) holds under color of title (a written document of
record);
               ii) holds under a chain of title that originated
               before 1/1/1946, and that is not based on a grant
               from the sovereign;
               iii) acquired the land without knowledge that there
               was no grant or patent to the land;
               iv) holds a properly recorded deed; and
               v) has paid all taxes and penalties due on the
               land.

           Section 11.083(b) provides that the section does not
           apply to beaches, submerged or filled submerged land,
           islands, or land found by a court of competent
           jurisdiction after January 1, 1946 to be state PSF land.

           Section 11.083 (c) provides that Section 11.083 cannot
           be used to resolve a boundary dispute or to change the
           mineral reservation in an existing patent.


           Section 11.084 provides for the filing of an application
           for patent under Section 11.083 with the Commissioner
           on a form prescribed by the Commissioner together with
           all documentation necessary to support the applicant's
           claim.  The GLO is to review the application and
           supporting documentation, and if it determines that all
           criteria and conditions have been met, the Commissioner
           shall convene the panel to determine whether a patent
           is to be issued.  The approval of the panel to release
           the state's interest must be unanimous.

           Section 11.084 (d) gives rule making authority to the
           Commissioner of the Texas General Land Office necessary
           to administer Sections 11.083 and 11.084.

SECTION 2  Provides that the act takes effect on the date the
           constitutional amendment proposed by HJR 82 takes
           effect; if the proposed constitutional amendment is not
           approved, HB 1798 has no effect.

SECTION 3  Emergency clause.


EXPLANATION OF AMENDMENTS

COMMITTEE AMENDMENT NO. 1

           This amendment strikes the word "shall" in line 9, page
           1, and replaces it with the word "may."  This change
           makes the panel's issuance of a patent permissive rather
           than mandatory.  The panel "may" issue a permit if the
           panel finds that all requirements have been met.

SUMMARY OF COMMITTEE ACTION

H.B. 1798 was considered by the committee in a public hearing on
April 18, 1995.

The following persons testified in favor of the bill:

           Representative Huey McCoulskey; and
           Kathryn Keller, representing the Texas Farm Bureau.

The committee considered one amendment to the bill.  The amendment
was adopted without objection.

The bill was reported favorably as amended, with the recommendation
that it do pass and be printed, by a record vote of 6 ayes, 0 nays,
0 pnv, 3 absent.