1-1  By:  McCoulskey (Senate Sponsor - Armbrister)         H.J.R. No. 82
    1-2        (In the Senate - Received from the House May 9, 1995;
    1-3  May 11, 1995, read first time and referred to Committee on State
    1-4  Affairs; May 25, 1995, reported favorably by the following vote:
    1-5  Yeas 7, Nays 0; May 25, 1995, sent to printer.)
    1-6                        HOUSE JOINT RESOLUTION
    1-7  proposing a constitutional amendment granting the legislature
    1-8  authority to release the state's interest in land that is held by a
    1-9  person in good faith under color of title.
   1-10        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Article VII, Texas Constitution, is amended by
   1-12  adding Section 2B to read as follows:
   1-13        Sec. 2B.  (a)  The legislature by law may provide for the
   1-14  release of all or part of the state's interest in land, including
   1-15  mineral rights, if:
   1-16              (1)  the land is surveyed, unsold, permanent school
   1-17  fund land according to the records of the General Land Office;
   1-18              (2)  the land is not patentable under the law in effect
   1-19  before January 1, 1996; and
   1-20              (3)  the person claiming title to the land:
   1-21                    (A)  holds the land under color of title;
   1-22                    (B)  holds the land under a chain of title that:
   1-23                          (i)  originated on or before January 1,
   1-24  1946; and
   1-25                          (ii)  is not based on a patent or grant
   1-26  from the sovereign;
   1-27                    (C)  acquired the land without knowledge that
   1-28  title to the land was not based on a patent or grant from the
   1-29  sovereign;
   1-30                    (D)  has a deed to the land recorded in the
   1-31  appropriate county; and
   1-32                    (E)  has paid all taxes due on the land and any
   1-33  interest and penalties associated with any period of tax
   1-34  delinquency.
   1-35        (b)  This section does not apply to:
   1-36              (1)  beach land, submerged or filled land, or islands;
   1-37  or
   1-38              (2)  land found to be state-owned in a decision by a
   1-39  court rendered on or after January 1, 1946.
   1-40        (c)  This section may not be used to:
   1-41              (1)  resolve boundary disputes; or
   1-42              (2)  change the mineral reservation in an existing
   1-43  patent.
   1-44        (d)  This section takes effect January 1, 1996.  This
   1-45  subsection expires January 2, 1996.
   1-46        SECTION 2.  This proposed constitutional amendment shall be
   1-47  submitted to the voters at an election to be held November 7, 1995.
   1-48  The ballot shall be printed to permit voting for or against the
   1-49  proposition:  "The constitutional amendment authorizing the
   1-50  legislature to settle land title disputes between the state and a
   1-51  private party."
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