By Cook, et al.                                       H.J.R. No. 30
       74R2691 SMH-F
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment authorizing the commissioner
    1-2  of the General Land Office to issue mineral patents for certain
    1-3  university fund land held in good faith under color of title for at
    1-4  least 50 years.
    1-5        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Article VII of the Texas Constitution is amended
    1-7  by adding Section 12A to read as follows:
    1-8        Sec. 12A.  (a)  On application to the Board of Regents of The
    1-9  University of Texas, an individual is entitled to receive a mineral
   1-10  patent to land from the commissioner of the General Land Office if:
   1-11              (1)  the land is surveyed university land, either
   1-12  surveyed or platted according to records of the General Land
   1-13  Office;
   1-14              (2)  the minerals underlying the land were not
   1-15  patentable under the law in effect immediately before adoption of
   1-16  this section;
   1-17              (3)  the person acquired the land without knowledge of
   1-18  defect in the title to the minerals out of the State of Texas or
   1-19  Republic of Texas and held the land under color of title, the chain
   1-20  of which dates from January 1, 1946, or earlier; and
   1-21              (4)  the person, in conjunction with the person's
   1-22  predecessors in  interest:
   1-23                    (A)  has a recorded deed on file in the
   1-24  appropriate county courthouse and has claimed the land continuously
    2-1  for at least 50 years as of January 1, 1996; and
    2-2                    (B)  for at least 50 years has paid taxes on the
    2-3  land and any interest or penalties associated with delinquency of
    2-4  the taxes, except that if public records concerning the tax
    2-5  payments on the land are unavailable for any period within the
    2-6  preceding 50 years, the tax assessor-collector of each taxing
    2-7  jurisdiction in which the land is located shall provide the Board
    2-8  of Regents of The University of Texas with a sworn certificate
    2-9  stating whether, to the best of the assessor-collector's knowledge,
   2-10  all taxes have been paid for the preceding 50 years and whether
   2-11  there are outstanding taxes, interest, or penalties currently due
   2-12  on the property.
   2-13        (b)  On request of the Board of Regents of The University of
   2-14  Texas, the applicant for the mineral patent shall submit to the
   2-15  board certified copies of the applicant's chain of title and a
   2-16  survey of the land for which the mineral patent is sought.  The
   2-17  board shall determine the applicant's qualifications to receive a
   2-18  patent under this section.  On a finding by the board that the
   2-19  applicant meets the requirements of Subsection (a) of this section,
   2-20  the commissioner of the General Land Office shall award the
   2-21  applicant a patent without reservation of minerals.  If the
   2-22  applicant is denied a patent, the applicant may appeal in a
   2-23  district court of the county in which the land is situated.  The
   2-24  appeal must be brought not later than 60 days after the date of the
   2-25  denial of the patent under this section.  The appeal is by trial de
   2-26  novo and is not subject to a statute with general application to
   2-27  contested administrative cases.  The burden of proof that the
    3-1  patent should be issued is on the applicant.
    3-2        (c)  This section does not apply to beach land, submerged
    3-3  land, filled land, or an island and may not be used by an applicant
    3-4  to resolve a boundary dispute.  This section does not apply to
    3-5  land:
    3-6              (1)  that was found by a court of competent
    3-7  jurisdiction in an action filed before the date of an application
    3-8  under this section to be state owned; or
    3-9              (2)  on which the state has given a mineral lease that
   3-10  is in effect on the date of the application if the land is actually
   3-11  producing minerals under the lease.
   3-12        (d)  An application for a patent under this section must be
   3-13  filed with the Board of Regents of The University of Texas before
   3-14  January 1, 1998.
   3-15        SECTION 2.  This proposed constitutional amendment shall be
   3-16  submitted to the voters at an election to be held on November 7,
   3-17  1995.  The ballot shall be printed to provide for voting for or
   3-18  against the proposition:  "The constitutional amendment authorizing
   3-19  the commissioner of the General Land Office to issue patents
   3-20  without reservation of minerals for certain university fund land
   3-21  held in good faith under color of title for at least 50 years."