By Cook                                               H.J.R. No. 53
         77R4787 PAM-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment granting the legislature
 1-2     authority to release the state's interest in land that is held by a
 1-3     person in good faith under color of title.
 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article VII, Texas Constitution, is amended by
 1-6     adding Section 2B to read as follows:
 1-7           Sec. 2B. (a)  The legislature by law may provide for the
 1-8     release of all or part of the state's interest in land, excluding
 1-9     mineral rights, if:
1-10                 (1)  the land is surveyed, unsold, permanent school
1-11     fund land according to the records of the General Land Office;
1-12                 (2)  the land is not patentable under the law in effect
1-13     before January 1, 2002; and
1-14                 (3)  the person claiming title to the land:
1-15                       (A)  holds the land under color of title;
1-16                       (B)  holds the land under a chain of title that
1-17     originated on or before January 1, 1952;
1-18                       (C)  acquired the land without actual knowledge
1-19     that title to the land was vested in the State of Texas;
1-20                       (D)  has a deed to the land recorded in the
1-21     appropriate county; and
1-22                       (E)  has paid all taxes assessed on the land and
1-23     any interest and penalties associated with any period of tax
1-24     delinquency.
 2-1           (b)  This section does not apply to:
 2-2                 (1)  beach land, submerged or filled land, or islands;
 2-3     or
 2-4                 (2)  land that has been determined to be state-owned by
 2-5     judicial decree.
 2-6           (c)  This section may not be used to:
 2-7                 (1)  resolve boundary disputes; or
 2-8                 (2)  change the mineral reservation in an existing
 2-9     patent.
2-10           (d)  This section takes effect January 1, 2002. This
2-11     subsection expires January 2, 2002.
2-12           SECTION 2.  This proposed constitutional amendment shall be
2-13     submitted to the voters at an election to be held November 6, 2001.
2-14     The ballot shall be printed to permit voting for or against the
2-15     proposition:  "The constitutional amendment authorizing the
2-16     legislature to settle land title disputes between the state and a
2-17     private party."