SRC-MWN H.B. 1402 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1402
77R6286 PAM-DBy: Cook (Armbrister)
Natural Resources
4/25/2001
Engrossed


DIGEST AND PURPOSE 

Currently, there is no process regarding title to sovereign lands sold or
disposed of to private persons in cases where a patent was never issued
from the state or the republic passing legal title to land. H.B. 1402
authorizes the School Land Board to approve the release of the state's
interest in land in certain circumstances. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of the
General Land Office in SECTION 1 (Section 11.085, Natural Resources Code)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 11D, Natural Resources Code, by adding Sections
11.084 and 11.085, to read as follows: 

Sec. 11.084. SCHOOL LAND BOARD APPROVAL OF PATENT FOR INTEREST IN LAND
RELEASED BY STATE. (a) Authorizes the School Land Board (board) to approve
a tract of land for patenting to release all or part of the state's
interest in land, excluding mineral rights, if the board finds that certain
conditions exist. 

  (b) Provides that this section does not apply to certain lands.

  (c) Prohibits this section from being used for certain purposes.

Sec. 11.085. PROCEDURE FOR APPLYING FOR PATENT FOR INTEREST IN LAND
RELEASED BY STATE. (a) Authorizes a person claiming title to land to apply
for a patent under Section 11.084 by filing with the commissioner of the
General Land Office (commissioner) an application on a form prescribed by
the commissioner. Requires the claimant to attach to the application all
documentation necessary to support the claimant's request for a patent. 

(b) Requires the land office to review the claimant's application to
determine whether the claimant substantially meets the criteria for
issuance of a patent under Section 11.084. 

(c) Requires the commissioner, if the land office determines that the
application is complete for consideration by the board, to convene the
board to determine whether a patent is to be issued under Section 11.084. 

(d) Authorizes the commissioner to adopt rules as necessary to administer
Section 11.084 and this section. 

SECTION 2. Effective date: Provides that the effective date of this Act is
contingent on the approval of  the constitutional amendment proposed by the
77th Legislature, Regular Session, 2001, providing that the legislature is
authorized to settle land title disputes between the state and a private
party, takes effect. Provides that this Act has no effect if that amendment
is not approved.