BILL ANALYSIS


                                                        H.J.R. 82
                                      By: McCoulskey (Armbrister)
                                                    State Affairs
                                                          5-25-95
                              Senate 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 and the School Land Board, legally charged with the
management and administration of 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 Texas
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
General Land Office, through the School Land Board, 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

As proposed, H.J.R 82 allows the legislature to provide by law the
release of land subject to title defects to persons holding the
land under color of title.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article VII, Texas Constitution, by adding
Section 2B, as follows:

     Sec. 2B. (a) Authorizes the legislature to provide by law for
     the release of all or part of the state's interest in land,
     including mineral rights, if the land is surveyed, unsold,
     permanent school fund land, the land is not patentable under
     the law in effect before January 1, 1996, and the person
     claiming title to the land:
     
     (A) holds the land under color of title;
         
         (B) holds the land under a chain of title that originated
         before January 1, 1946 and is not based on a patent or
         grant from the sovereign;
         
         (C) acquired the land without knowledge that the title to
         the land was not  based on a patent or grant from the
         sovereign,
         
         (D) has a deed to the land recorded in the appropriate
         county; and
         
         (E) has paid all taxes due on the land and any interest
         and penalties associated with any period of tax
         delinquency.
       (b) Provides that this section does not apply to beach land,
       submerged or filled land, or islands; or land found to be
       state-owned in a decision by a court rendered on or after
       January 1, 1946.
       
       (c) Prohibits this section from being used to resolve
       boundary disputes or change a mineral reservation in an
       existing patent.
       
       (d) Effective date for this section: January 1, 1996. 
       Expiration date for this subsection: January 2, 1996.
       
       SECTION 2.   Requires this proposed constitutional amendment to be
submitted to the voters at an election to be held on November 7,
1995.  Sets forth the required language for the ballot.