By McCoulskey H.B. No. 1798
74R6003 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a panel with authority to approve the
1-3 release of the state's interest in land in certain circumstances.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 11, Natural Resources Code,
1-6 is amended by adding Sections 11.083 and 11.084 to read as follows:
1-7 Sec. 11.083. PATENT FOR INTEREST IN LAND RELEASED BY STATE.
1-8 (a) A three-member panel consisting of the attorney general,
1-9 comptroller, and commissioner shall issue a patent releasing all or
1-10 part of the state's interest in land, including mineral rights, if
1-11 the panel:
1-12 (1) finds that:
1-13 (A) the land is surveyed, unsold, permanent
1-14 school fund land according to the records of the land office;
1-15 (B) the land is not patentable under the law in
1-16 effect before January 1, 1996; and
1-17 (C) the person claiming title to the land:
1-18 (i) holds the land under color of title;
1-19 (ii) holds the land under a chain of title
1-20 that originated on or before January 1, 1946, and that is not based
1-21 on a patent or grant from the sovereign;
1-22 (iii) acquired the land without knowledge
1-23 that title to the land was not based on a patent or grant from the
1-24 sovereign;
2-1 (iv) has a deed to the land recorded in
2-2 the appropriate county; and
2-3 (v) has paid all taxes due on the land and
2-4 any interest and penalties associated with any period of tax
2-5 delinquency; and
2-6 (2) unanimously approves the release of the state's
2-7 interest.
2-8 (b) This section does not apply to:
2-9 (1) beach land, submerged or filled land, or islands;
2-10 or
2-11 (2) land found to be state-owned in a decision by a
2-12 court rendered on or after January 1, 1946.
2-13 (c) This section may not be used to:
2-14 (1) resolve boundary disputes; or
2-15 (2) change the mineral reservation in an existing
2-16 patent.
2-17 Sec. 11.084. PROCEDURE FOR APPLYING FOR PATENT FOR INTEREST
2-18 IN LAND RELEASED BY STATE. (a) A person claiming title to land
2-19 may apply for a patent under Section 11.083 by filing with the
2-20 commissioner an application on a form prescribed by the
2-21 commissioner. The claimant must attach to the application all
2-22 documentation necessary to support the claimant's request for a
2-23 patent.
2-24 (b) The land office shall review the claimant's application
2-25 to determine whether the claimant meets the criteria for issuance
2-26 of a patent under Section 11.083.
2-27 (c) If the land office determines that the criteria have
3-1 been met, the commissioner shall convene the panel to determine
3-2 whether a patent is to be issued under Section 11.083.
3-3 (d) The commissioner may adopt rules necessary to administer
3-4 Section 11.083 and this section.
3-5 SECTION 2. This Act takes effect on the date the
3-6 constitutional amendment proposed by the 74th Legislature, Regular
3-7 Session, 1995, providing that the legislature is authorized to
3-8 settle land title disputes between the state and a private party,
3-9 takes effect. If the proposed constitutional amendment is not
3-10 approved, this Act has no effect.
3-11 SECTION 3. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.
3-16 COMMITTEE AMENDMENT NO. 1
3-17 Amend H.B. 1798 as follows:
3-18 On page 1, line 9, strike "shall" and substitute "may".
3-19 Combs