By Ratliff S.B. No. 1925
75R2246 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to preferential rights to purchase certain surveyed,
1-3 unsold land in Cass County dedicated to the permanent school fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. (a) On receipt of a proper application, the
1-6 School Land Board, in the best interests of the permanent school
1-7 fund as determined by the board, may approve a preferential right
1-8 for an applicant in possession to purchase certain land in Cass
1-9 County dedicated to the permanent school fund before the land is
1-10 made available for sale to another person if:
1-11 (1) the tract of land is surveyed, unsold land of less
1-12 than 125 acres located in the L.C. Luckell Survey; and
1-13 (2) the purchaser pays not less than fair market value
1-14 for the tract.
1-15 (b) To qualify as an applicant in possession, a person must
1-16 be a natural person who:
1-17 (1) occupies or uses or whose predecessors in interest
1-18 occupied or used a defined tract of surveyed, unsold land dedicated
1-19 to the permanent school fund for purposes other than exploring for
1-20 or removing or purporting to lease or otherwise convey minerals,
1-21 including oil, gas, or sulphur, or geothermal resources from the
1-22 tract;
1-23 (2) acquired possession or whose predecessors in
1-24 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
2-26 is subject to the reservation of minerals to the state in the same
2-27 manner provided by law for the reservation of minerals in a sale to
3-1 a good faith claimant of unsurveyed land dedicated to the permanent
3-2 school fund within five miles of mineral production.
3-3 SECTION 4. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended,
3-8 and that this Act take effect and be in force from and after its
3-9 passage, and it is so enacted.