1-1 By: McCoulskey (Senate Sponsor - Armbrister) H.B. No. 1798
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 19, 1995, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 19, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation of a panel with authority to approve the
1-9 release of the state's interest in land in certain circumstances.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subchapter D, Chapter 11, Natural Resources Code,
1-12 is amended by adding Sections 11.083 and 11.084 to read as follows:
1-13 Sec. 11.083. PATENT FOR INTEREST IN LAND RELEASED BY STATE.
1-14 (a) A three-member panel consisting of the attorney general,
1-15 comptroller, and commissioner may issue a patent releasing all or
1-16 part of the state's interest in land, including mineral rights, if
1-17 the panel:
1-18 (1) finds that:
1-19 (A) the land is surveyed, unsold, permanent
1-20 school fund land according to the records of the land office;
1-21 (B) the land is not patentable under the law in
1-22 effect before January 1, 1996; and
1-23 (C) the person claiming title to the land:
1-24 (i) holds the land under color of title;
1-25 (ii) holds the land under a chain of title
1-26 that originated on or before January 1, 1946, and that is not based
1-27 on a patent or grant from the sovereign;
1-28 (iii) acquired the land without knowledge
1-29 that title to the land was not based on a patent or grant from the
1-30 sovereign;
1-31 (iv) has a deed to the land recorded in
1-32 the appropriate county; and
1-33 (v) has paid all taxes due on the land and
1-34 any interest and penalties associated with any period of tax
1-35 delinquency; and
1-36 (2) unanimously approves the release of the state's
1-37 interest.
1-38 (b) This section does not apply to:
1-39 (1) beach land, submerged or filled land, or islands;
1-40 or
1-41 (2) land found to be state-owned in a decision by a
1-42 court rendered on or after January 1, 1946.
1-43 (c) This section may not be used to:
1-44 (1) resolve boundary disputes; or
1-45 (2) change the mineral reservation in an existing
1-46 patent.
1-47 Sec. 11.084. PROCEDURE FOR APPLYING FOR PATENT FOR INTEREST
1-48 IN LAND RELEASED BY STATE. (a) A person claiming title to land
1-49 may apply for a patent under Section 11.083 by filing with the
1-50 commissioner an application on a form prescribed by the
1-51 commissioner. The claimant must attach to the application all
1-52 documentation necessary to support the claimant's request for a
1-53 patent.
1-54 (b) The land office shall review the claimant's application
1-55 to determine whether the claimant meets the criteria for issuance
1-56 of a patent under Section 11.083.
1-57 (c) If the land office determines that the criteria have
1-58 been met, the commissioner shall convene the panel to determine
1-59 whether a patent is to be issued under Section 11.083.
1-60 (d) The commissioner may adopt rules necessary to administer
1-61 Section 11.083 and this section.
1-62 SECTION 2. This Act takes effect on the date the
1-63 constitutional amendment proposed by the 74th Legislature, Regular
1-64 Session, 1995, providing that the legislature is authorized to
1-65 settle land title disputes between the state and a private party,
1-66 takes effect. If the proposed constitutional amendment is not
1-67 approved, this Act has no effect.
1-68 SECTION 3. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.
2-5 * * * * *