1-1 By: Cook (Senate Sponsor - Armbrister) H.B. No. 1402 1-2 (In the Senate - Received from the House March 22, 2001; 1-3 March 26, 2001, read first time and referred to Committee on 1-4 Natural Resources; April 30, 2001, reported favorably by the 1-5 following vote: Yeas 4, Nays 0; April 30, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to authorizing the School Land Board to approve the 1-9 release of the state's interest in land in certain circumstances. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter D, Chapter 11, Natural Resources Code, 1-12 is amended by adding Sections 11.084 and 11.085 to read as follows: 1-13 Sec. 11.084. SCHOOL LAND BOARD APPROVAL OF PATENT FOR 1-14 INTEREST IN LAND RELEASED BY STATE. (a) The School Land Board may 1-15 approve a tract of land for patenting to release all or part of the 1-16 state's interest in land, excluding mineral rights, if the board: 1-17 (1) finds that: 1-18 (A) the land is surveyed, unsold, permanent 1-19 school fund land according to the records of the land office; 1-20 (B) the land is not patentable under the law in 1-21 effect before January 1, 2002; and 1-22 (C) the person claiming title to the land: 1-23 (i) holds the land under color of title; 1-24 (ii) holds the land under a chain of title 1-25 that originated on or before January 1, 1952; 1-26 (iii) acquired the land without actual 1-27 knowledge that title to the land was vested in the State of Texas; 1-28 (iv) has a deed to the land recorded in 1-29 the appropriate county; and 1-30 (v) has paid all taxes assessed on the 1-31 land and any interest and penalties associated with any period of 1-32 tax delinquency; and 1-33 (2) unanimously approves the release of the state's 1-34 interest. 1-35 (b) This section does not apply to: 1-36 (1) beach land, submerged or filled land, or islands; 1-37 or 1-38 (2) land that has been determined to be state-owned by 1-39 judicial decree. 1-40 (c) This section may not be used to: 1-41 (1) resolve boundary disputes; or 1-42 (2) change the mineral reservation in an existing 1-43 patent. 1-44 Sec. 11.085. PROCEDURE FOR APPLYING FOR PATENT FOR INTEREST 1-45 IN LAND RELEASED BY STATE. (a) A person claiming title to land may 1-46 apply for a patent under Section 11.084 by filing with the 1-47 commissioner an application on a form prescribed by the 1-48 commissioner. The claimant must attach to the application all 1-49 documentation necessary to support the claimant's request for a 1-50 patent. 1-51 (b) The land office shall review the claimant's application 1-52 to determine whether the claimant substantially meets the criteria 1-53 for issuance of a patent under Section 11.084. 1-54 (c) If the land office determines that the application is 1-55 complete for consideration by the board, the commissioner shall 1-56 convene the board to determine whether a patent is to be issued 1-57 under Section 11.084. 1-58 (d) The commissioner may adopt rules as necessary to 1-59 administer Section 11.084 and this section. 1-60 SECTION 2. This Act takes effect on the date the 1-61 constitutional amendment proposed by the 77th Legislature, Regular 1-62 Session, 2001, providing that the legislature is authorized to 1-63 settle land title disputes between the state and a private party, 1-64 takes effect. If the proposed constitutional amendment is not 2-1 approved, this Act has no effect. 2-2 * * * * *