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


Senate Research CenterC.S.S.B. 693
By: Brown
Natural Resources
3-11-97
Committee Report (Substituted)


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, C.S.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.  Provides that the
commissioner of the General Land Office or the attorney general have
standing to enforce restrictive covenants affecting real property owned by
the permanent school fund or a state agency, and restrictions expressed in
any transfer document, or any legislative act, conveying real property
then owned by the state.  Authorizes the attorney general on his own, or
acting on behalf of the commissioner of the General Land Office, to bring
suit to enforce the rights of the state under this section. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 31.068, Natural Resources Code, to provide that
the attorney general and commissioner of the General Land Office have
standing to enforce restrictive covenants, rather than are authorized to
bring suit to enforce restrictive covenants, affecting certain real
property. Authorizes the attorney general on his own, or on behalf of the
commissioner of the General Land Office, to bring suit to enforce the
state's rights. 

Amends SECTION 2, to make application of this Act prospective.