By West                                         H.J.R. No. 78

      75R5133 PAM-D                           

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment creating a panel with

 1-2     authority to approve the release of the state's interest in land

 1-3     that is held by a person in good faith under color of title.

 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article VII of the Texas Constitution is amended

 1-6     by adding Section 2B to read as follows:

 1-7           Sec. 2B.  (a)  A three-member panel consisting of the

 1-8     attorney general, the comptroller of public accounts, and the

 1-9     commissioner of the General Land Office is created to consider the

1-10     state's interest in land, including mineral rights, that is subject

1-11     to a title defect that occurred before July 4, 1845.

1-12           (b)  The panel may release the state's interest in land if:

1-13                 (1)  the panel finds that:

1-14                       (A)  the land is subject to a title defect that

1-15     occurred before July 4, 1845; and

1-16                       (B)  the person claiming title:

1-17                             (i)  acquired the land without knowledge of

1-18     the title defect and holds the land under color of title;

1-19                             (ii)  has a deed to the land recorded in

1-20     the appropriate county; and

1-21                             (iii)  has paid all taxes due on the land

1-22     and any interest and penalties associated with any period of tax

1-23     delinquency; and

1-24                 (2)  the panel unanimously approves the release.

 2-1           (c)  If the panel approves the release of the state's

 2-2     interest in land, the panel shall execute a document in a form that

 2-3     would permit it to be filed of record releasing the state's

 2-4     interest.

 2-5           (d)  Title to the state's interest in land vests in the

 2-6     person claiming title when the state executes the release document

 2-7     required by Subsection (c).

 2-8           SECTION 2.  This proposed constitutional amendment shall be

 2-9     submitted to the voters at an election to be held November 4, 1997.

2-10     The ballot shall be printed to provide for voting for or against

2-11     the proposition:  "The constitutional amendment creating a panel

2-12     with authority to settle land title disputes between the state and

2-13     a private party."