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