BILL ANALYSIS



H.J.R. 30
By: COOK
April 11, 1995
Committee Report (Unamended)


BACKGROUND

     There have been occasions in Texas where obscure pre-patent
state mineral reservations have surfaced in the General Land office
(GLO).  Often, these mineral reservations are not listed in
patents.  Many landowners have thought they owned the property and
mineral rights because of long-held patents, only to discover that
some other state document purports to deny this ownership.


PURPOSE

     This bill would require the Commissioner of the GLO to issue
mineral patents to landowners who petition, and who have held land
under a title for over 50 years.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.


SECTION BY SECTION ANALYSIS

     SECTION 1. Amends Article VII of the Texas Constitution by
adding Sec. 12A as follows:

subsection (a) allows an individual to apply to the Board of
Regents of the University of Texas to receive a mineral patent and
require the Commissioner of the General Land Office to award it if:
     1) the land is surveyed university land;
     2) the minerals were not patented before adoption of this
legislation; and
     3) if the claimant acquired that land without knowledge of the
defect in the mineral title which was held constantly from January
1, 1946 or earlier.

subsection (b) provides for a procedure of application.

subsection (c) exempts beach land, land found by a court to be
State land or land on which the State has granted a mineral lease
which is producing at the time of application.

subsection (d) requires an application to be filed before January
1, 1998.

     SECTION 2. Ballot Language for voting on the Constitutional
Amendment. 
Election to be held November 7, 1995.


SUMMARY OF COMMITTEE ACTION

H.J.R. 30 was considered by the Energy Resources Committee in a
public hearing on February 20, 1995.

The following witnesses testified in favor of the resolution:

     C.L. Miller, a farmer representing himself;
     Kathey Collinsworth, a school teacher representing herself;
     Maurice Newton, a farmer representing himself; and,
     Bill Powers, representing the Texas Farm Bureau.

The following witnesses testified neutrally on the resolution:

     Steve Hartmann, a land manager for the University of Texas
System; and,
     Pamela Bacon, a staff attorney also from the University of
Texas System.

The resolution was referred to a subcommittee consisting of
Representatives West, Ramsay, and Dutton.

After being recalled from subcommittee, the resolution was
considered in a public hearing on April 10, 1995. The resolution
was reported favorably without amendment, with the recommendation
that it do pass and be printed, by a record vote of 7 ayes, 0 nays,
0 PNV, and 2 absent.