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.