SRC-MAX H.B. 833 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 833
By: Junell (Brown)
State Affairs
4-23-97
Engrossed


DIGEST 

Currently, the filing of "nuisance" liens against state-owned real
property has become a popular tactic for individuals or groups, such as
the Republic of Texas, which seek redress from the state for alleged
grievances.  While these liens are invalid because of principle in common
law, they can create a potentially serious problem for Veterans Land Board
loan applicants whose transactions would be delayed until the board is
able to satisfy title insurers that the abstracts have no merit.  This
bill prohibits certain liens from attaching to state-owned property. 
 
PURPOSE

As proposed, H.B. 833 provides exemptions of state-owned real property
from forced sale.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 43, Property Code, by adding Section 43.002, as
follows: 

Sec.  43.002.  EXEMPT PROPERTY.  Provides that the real property of the
state, including real property held in the name of state agencies and
funds, and the real property of a political subdivision of the state are
exempt from attachment, execution, and forced sale.  Prohibits a judgment
lien or abstract of judgment from being filed or perfected against certain
state entities, and provides that any such judgment lien or abstract of
judgment is void and enforceable.    

SECTION 2. Emergency clause.
  Effective date:  upon passage.