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."