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."