By McCoulskey                                         H.J.R. No. 18
       74R1712 PAM-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment creating a panel with
    1-2  authority to approve the release of the state's interest in land
    1-3  that is held by a person in good faith under color of title.
    1-5        SECTION 1.  Article VII of the Texas Constitution is amended
    1-6  by adding Section 2B to read as follows:
    1-7        Sec. 2B.  (a)  A three-member panel consisting of the
    1-8  attorney general, the comptroller of public accounts, and the
    1-9  commissioner of the General Land Office is created to consider the
   1-10  state's interest in land, including mineral rights, that is subject
   1-11  to a title defect that occurred before July 4, 1845.
   1-12        (b)  The panel may release the state's interest in land if:
   1-13              (1)  the panel finds that:
   1-14                    (A)  the land is subject to a title defect that
   1-15  occurred before July 4, 1845; and
   1-16                    (B)  the person claiming title:
   1-17                          (i)  acquired the land without knowledge of
   1-18  the title defect and holds the land under color of title;
   1-19                          (ii)  has a deed to the land recorded in
   1-20  the appropriate county; and
   1-21                          (iii)  has paid all taxes due on the land
   1-22  and any interest and penalties associated with any period of tax
   1-23  delinquency; and
   1-24              (2)  the panel unanimously approves the release.
    2-1        (c)  If the panel approves the release of the state's
    2-2  interest in land, the panel shall execute a document in a form that
    2-3  would permit it to be filed of record releasing the state's
    2-4  interest.
    2-5        (d)  Title to the state's interest in land vests in the
    2-6  person claiming title when the state executes the release document
    2-7  required by Subsection (c).
    2-8        SECTION 2.  This proposed constitutional amendment shall be
    2-9  submitted to the voters at an election to be held November 7, 1995.
   2-10  The ballot shall be printed to provide for voting for or against
   2-11  the proposition:  "The constitutional amendment creating a panel
   2-12  with authority to settle land title disputes between the state and
   2-13  a private party."