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                                  * * * * *