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.
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