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.