By McCoulskey                                         H.J.R. No. 82
       74R5913 PAM-F
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment granting the legislature
    1-2  authority to release the state's interest in land that is held by a
    1-3  person in good faith under color of title.
    1-4        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article VII, Texas Constitution, is amended by
    1-6  adding Section 2B to read as follows:
    1-7        Sec. 2B.  (a)  The legislature by law may provide for the
    1-8  release of all or part of the state's interest in land, including
    1-9  mineral rights, if:
   1-10              (1)  the land is surveyed, unsold, permanent school
   1-11  fund land according to the records of the General Land Office;
   1-12              (2)  the land is not patentable under the law in effect
   1-13  before January 1, 1996; and
   1-14              (3)  the person claiming title to the land:
   1-15                    (A)  holds the land under color of title;
   1-16                    (B)  holds the land under a chain of title that:
   1-17                          (i)  originated on or before January 1,
   1-18  1946; and
   1-19                          (ii)  is not based on a patent or grant
   1-20  from the sovereign;
   1-21                    (C)  acquired the land without knowledge that
   1-22  title to the land was not based on a patent or grant from the
   1-23  sovereign;
   1-24                    (D)  has a deed to the land recorded in the
    2-1  appropriate county; and
    2-2                    (E)  has paid all taxes due on the land and any
    2-3  interest and penalties associated with any period of tax
    2-4  delinquency.
    2-5        (b)  This section does not apply to:
    2-6              (1)  beach land, submerged or filled land, or islands;
    2-7  or
    2-8              (2)  land found to be state-owned in a decision by a
    2-9  court rendered on or after January 1, 1946.
   2-10        (c)  This section may not be used to:
   2-11              (1)  resolve boundary disputes; or
   2-12              (2)  change the mineral reservation in an existing
   2-13  patent.
   2-14        (d)  This section takes effect January 1, 1996.  This
   2-15  subsection expires January 2, 1996.
   2-16        SECTION 2.  This proposed constitutional amendment shall be
   2-17  submitted to the voters at an election to be held November 7, 1995.
   2-18  The ballot shall be printed to permit voting for or against the
   2-19  proposition:  "The constitutional amendment authorizing the
   2-20  legislature to settle land title disputes between the state and a
   2-21  private party."