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."
1-52 * * * * *