AN ACT 1-1 relating to preferential rights to purchase certain surveyed, 1-2 unsold land in Cass County dedicated to the permanent school fund. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. (a) On receipt of a proper application, the 1-5 School Land Board, in the best interests of the permanent school 1-6 fund as determined by the board, may approve a preferential right 1-7 for an applicant in possession to purchase certain land in Cass 1-8 County dedicated to the permanent school fund before the land is 1-9 made available for sale to another person if: 1-10 (1) the tract of land is surveyed, unsold land of less 1-11 than 125 acres located in the L.C. Luckell Survey; and 1-12 (2) the purchaser pays not less than fair market value 1-13 for the tract. 1-14 (b) To qualify as an applicant in possession, a person must 1-15 be a natural person who: 1-16 (1) occupies or uses or whose predecessors in interest 1-17 occupied or used a defined tract of surveyed, unsold land dedicated 1-18 to the permanent school fund for purposes other than exploring for 1-19 or removing or purporting to lease or otherwise convey minerals, 1-20 including oil, gas, or sulphur, or geothermal resources from the 1-21 tract; 1-22 (2) acquired possession or whose predecessors in 1-23 interest acquired possession of the tract without knowledge of a 2-1 defect in, or lack of title out of, the State of Texas; 2-2 (3) has or whose predecessors in interest have a 2-3 recorded deed to the tract on file in the proper county courthouse; 2-4 (4) has or whose predecessors in interest have had the 2-5 tract enclosed or within definite, recognized boundaries and in 2-6 exclusive possession for a period of at least 30 years with the 2-7 belief that the tract was privately owned; and 2-8 (5) has, for at least the three years preceding 2-9 purchase under this Act, paid all taxes due on the tract, including 2-10 interest and penalties associated with any delinquency of the 2-11 taxes. 2-12 SECTION 2. (a) At the request of the School Land Board, a 2-13 person applying to the board to purchase a tract of land under this 2-14 Act must submit information the board considers necessary to 2-15 determine the qualifications of the applicant to receive a 2-16 preferential right to purchase the tract. 2-17 (b) The person applying for the preferential right to 2-18 purchase under this Act must submit a written application not later 2-19 than the first anniversary after the effective date of this Act. 2-20 SECTION 3. (a) The preferential right to purchase under 2-21 this Act does not apply to beach, submerged or filled land, or any 2-22 land previously determined by a court of competent jurisdiction to 2-23 be state-owned land. 2-24 (b) If a tract of land authorized to be sold preferentially 2-25 under this Act is within five miles of mineral production, the sale 3-1 is subject to the reservation of minerals to the state in the same 3-2 manner provided by law for the reservation of minerals in a sale to 3-3 a good faith claimant of unsurveyed land dedicated to the permanent 3-4 school fund within five miles of mineral production. 3-5 SECTION 4. The importance of this legislation and the 3-6 crowded condition of the calendars in both houses create an 3-7 emergency and an imperative public necessity that the 3-8 constitutional rule requiring bills to be read on three several 3-9 days in each house be suspended, and this rule is hereby suspended, 3-10 and that this Act take effect and be in force from and after its 3-11 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1925 passed the Senate on May 5, 1997, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1925 passed the House on May 21, 1997, by the following vote: Yeas 145, Nays 0, two present not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor