SRC-SLL S.B. 693 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 693
By: Brown
Natural Resources
3-11-97
As Filed


DIGEST 

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

As proposed, S.B. 693 grants the commissioner of the General Land Office
and the attorney general standing to enforce restrictive covenants
affecting state property. 

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 31C, Natural Resources Code, by adding Section
31.068, as follows: 

Sec. 31.068. STANDING TO ENFORCE RESTRICTION.  Authorizes the commissioner
of the General Land Office or the attorney general to bring suit to
enforce a restrictive covenant affecting real property owned by the state,
including the permanent school fund, or a restriction contained in a
legislative act, patent, or other document transferring title to real
property from the state to another person. 

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