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 * * * * *