By Cook H.B. No. 1402
77R6286 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing the School Land Board to approve the
1-3 release of the state's interest in land in certain circumstances.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 11, Natural Resources Code,
1-6 is amended by adding Sections 11.084 and 11.085 to read as follows:
1-7 Sec. 11.084. SCHOOL LAND BOARD APPROVAL OF PATENT FOR
1-8 INTEREST IN LAND RELEASED BY STATE. (a) The School Land Board may
1-9 approve a tract of land for patenting to release all or part of the
1-10 state's interest in land, excluding mineral rights, if the board:
1-11 (1) finds that:
1-12 (A) the land is surveyed, unsold, permanent
1-13 school fund land according to the records of the land office;
1-14 (B) the land is not patentable under the law in
1-15 effect before January 1, 2002; and
1-16 (C) the person claiming title to the land:
1-17 (i) holds the land under color of title;
1-18 (ii) holds the land under a chain of title
1-19 that originated on or before January 1, 1952;
1-20 (iii) acquired the land without actual
1-21 knowledge that title to the land was vested in the State of Texas;
1-22 (iv) has a deed to the land recorded in
1-23 the appropriate county; and
1-24 (v) has paid all taxes assessed on the
2-1 land and any interest and penalties associated with any period of
2-2 tax delinquency; and
2-3 (2) unanimously approves the release of the state's
2-4 interest.
2-5 (b) This section does not apply to:
2-6 (1) beach land, submerged or filled land, or islands;
2-7 or
2-8 (2) land that has been determined to be state-owned by
2-9 judicial decree.
2-10 (c) This section may not be used to:
2-11 (1) resolve boundary disputes; or
2-12 (2) change the mineral reservation in an existing
2-13 patent.
2-14 Sec. 11.085. PROCEDURE FOR APPLYING FOR PATENT FOR INTEREST
2-15 IN LAND RELEASED BY STATE. (a) A person claiming title to land may
2-16 apply for a patent under Section 11.084 by filing with the
2-17 commissioner an application on a form prescribed by the
2-18 commissioner. The claimant must attach to the application all
2-19 documentation necessary to support the claimant's request for a
2-20 patent.
2-21 (b) The land office shall review the claimant's application
2-22 to determine whether the claimant substantially meets the criteria
2-23 for issuance of a patent under Section 11.084.
2-24 (c) If the land office determines that the application is
2-25 complete for consideration by the board, the commissioner shall
2-26 convene the board to determine whether a patent is to be issued
2-27 under Section 11.084.
3-1 (d) The commissioner may adopt rules as necessary to
3-2 administer Section 11.084 and this section.
3-3 SECTION 2. This Act takes effect on the date the
3-4 constitutional amendment proposed by the 77th Legislature, Regular
3-5 Session, 2001, providing that the legislature is authorized to
3-6 settle land title disputes between the state and a private party,
3-7 takes effect. If the proposed constitutional amendment is not
3-8 approved, this Act has no effect.