SLC C.S.S.B. 693 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
C.S.S.B. 693
By: Brown (Jackson)
5-5-97
Committee Report (Substituted)



BACKGROUND 

Currently, there are no regulations regarding standing to sue on a
restrictive covenant affecting state property.  In certain instances, the
legislature has issued land patents to political subdivisions of the state
to promote a public purpose, such as the construction and operation of
public facilities.  These patents convey state property to the political
subdivision and restrict the use of the property to certain public, but
not commercial, uses.  In attempting to enforce the public use
restrictions of a patent, the courts have ruled that both the Office of
Attorney General and the General Land Office lack standing to sue.  This
bill will grant the commissioner of the General Land Office and the
attorney general standing to enforce restrictive covenants  affecting
state property. 

PURPOSE

CSSB 693 grants the commissioner of the General Land Office and the
attorney general standing to enforce restrictive covenants  affecting
state property. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 31, Natural Resources Code, by
adding Sec. 31.068 as follows: 

 Sec. 31.068.  STANDING TO ENFORCE RESTRICTIONS.  

 States that the commissioner of the GLO and attorney general have
standing to enforce restrictive covenants affecting real property owned by
the permanent school fund or a state agency. Sets forth that the GLO and
the attorney general can enforce the statutory restriction on the sale or
lease of  land patented or leased by the state to a navigation district.
Allows the attorney general to bring suit to enforce the rights of the
state under this section.  Sets forth that this section does not apply to
the permanent university fund land or other real property controlled or
administered by the board of regents of The University of Texas System. 

SECTION 2.  States that provisions of SECTION 1 of this Act shall not
apply to any cause of action pending before the courts of this state on
the effective date of this Act. 

SECTION 3.  Emergency clause. 

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute adds subsection (a)(3) giving the commissioner
and the Attorney General standing to enforce statutory restriction of the
sale or lease  of land  patented or leased  by the state to a navigation
district, including a restriction provided by Section 61.116 or 61.117,
Water Code.  Subsection (C ) is also added, excluding permanent university
fund land; or other real property controlled or administered by the board
of regents of The University of Texas System.