BILL ANALYSIS
H.J.R. 82
By: McCoulskey
April 19, 1995
Committee Report (Unamended)
BACKGROUND
Throughout its history, Texas has been faced with problems
regarding title to sovereign lands sold or disposed of to private
persons in cases where a patent was never issued from the State or
Republic passing legal title to the land. In the absence of the
patent, legal title remains with the sovereign. The current day
"owner" of the land is usually totally unaware of the title defect
and is without any legal way to require or cause a patent to be
issued, as the lands of the public domain are now constitutionally
dedicated to the Permanent School Fund ("PSF"). The Texas General
Land Office ("GLO") and the School Land Board ("SLB"), legally
charged with the management and administration of the PSF, are also
powerless to issue the patent, being constitutionally bound to
receive land's fair market value in full before the patent is
issued.
The only solution to this situation has been to amend the
Constitution (Article VII) either to directly relinquish the PSF's
interest in a specific survey or tract of land (as in the 1993
instance of the Shelby, Frazier, and McCormick League Grant in
Austin and Fort Bend Counties) or to constitutionally allow the
GLO, through the SLB, to issue the patent if certain conditions are
met. This latter process, however, has in past amendments (1987
and 1991) been created so as to automatically expire on December
31st of the year following adoption.
PURPOSE
HJR 82 proposes to amend Article VII of the Texas Constitution by
adding Section 2B to authorize the legislature to enact a procedure
that will provide, under certain specific conditions, for the
relinquishment of the PSF interest in land whose title is defective
due to the lack of a patent.
RULEMAKING AUTHORITY
It is the committee's opinion that this resolution 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 to include
a Section 2B.
Section 2B, Subsection (a), authorizes the legislature
to provide a procedure for the release of all or part
of the state's PSF interest in land, including minerals
if:
A) the land is surveyed, unsold, 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.
Subsection (b) provides that the Subsection (a) 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.
Subsection (c) provides that Section 2B cannot be used
to resolve a boundary dispute or to change the mineral
reservation in an existing patent.
Subsection (d) provides that Section 2B is to take
effect January 1, 1996 and Subsection (d) is to expire
January 2, 1996.
SECTION 2 Directs the submission to the voters on November 7, 1995
of the following proposition: "The constitutional
amendment authorizing the legislature to settle land
title disputes between the state and a private party."
SUMMARY OF COMMITTEE ACTION
H.J.R. 82 was considered by the committee in a public hearing on
April 18, 1995.
For purposes of testimony, the committee considered the following
related bill and resolution together: H.J.R. 82 and H.B. 1798.
The following persons testified in favor of the bill and
resolution:
Representative Huey McCoulskey; and
Kathryn Keller, representing the Texas Farm Bureau.
The resolution was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
6 ayes, 0 nays, 0 pnv, 3 absent.