AN ACT
1-1 relating to standing to enforce restrictions relating to state
1-2 property.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 31, Natural Resources Code,
1-5 is amended by adding Section 31.068 to read as follows:
1-6 Sec. 31.068. STANDING TO ENFORCE RESTRICTIONS. (a) The
1-7 commissioner and the attorney general have standing to enforce a:
1-8 (1) restrictive covenant affecting real property owned
1-9 by the permanent school fund or a state agency;
1-10 (2) restriction expressed in a transfer document or
1-11 legislative act conveying real property then owned by the state; or
1-12 (3) statutory restriction on the sale or lease of land
1-13 patented or leased by the state to a navigation district, including
1-14 a restriction provided by Section 61.116 or 61.117, Water Code.
1-15 (b) The attorney general, on the attorney general's own
1-16 initiative or at the request and on behalf of the commissioner, may
1-17 bring suit to enforce the rights of the state under this section.
1-18 (c) This section does not apply to:
1-19 (1) permanent university fund land; or
1-20 (2) other real property controlled or administered by
1-21 the board of regents of The University of Texas System.
1-22 SECTION 2. This Act does not apply to a cause of action that
1-23 is pending in a court of this state on the effective date of this
2-1 Act.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended,
2-7 and that this Act take effect and be in force from and after its
2-8 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 693 passed the Senate on
March 26, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 18, 1997, by the
following vote: Yeas 28, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 693 passed the House, with
amendment, on May 13, 1997, by the following vote: Yeas 143,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor