1-1 By: Cook (Senate Sponsor - Armbrister) H.J.R. No. 53 1-2 (In the Senate - Received from the House March 21, 2001; 1-3 March 22, 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 HOUSE JOINT RESOLUTION 1-7 proposing a constitutional amendment granting the legislature 1-8 authority to release the state's interest in land that is held by a 1-9 person in good faith under color of title. 1-10 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Article VII, Texas Constitution, is amended by 1-12 adding Section 2B to read as follows: 1-13 Sec. 2B. (a) The legislature by law may provide for the 1-14 release of all or part of the state's interest in land, excluding 1-15 mineral rights, if: 1-16 (1) the land is surveyed, unsold, permanent school 1-17 fund land according to the records of the General Land Office; 1-18 (2) the land is not patentable under the law in effect 1-19 before January 1, 2002; and 1-20 (3) the person claiming title to the land: 1-21 (A) holds the land under color of title; 1-22 (B) holds the land under a chain of title that 1-23 originated on or before January 1, 1952; 1-24 (C) acquired the land without actual knowledge 1-25 that title to the land was vested in the State of Texas; 1-26 (D) has a deed to the land recorded in the 1-27 appropriate county; and 1-28 (E) has paid all taxes assessed on the land and 1-29 any interest and penalties associated with any period of tax 1-30 delinquency. 1-31 (b) This section does not apply to: 1-32 (1) beach land, submerged or filled land, or islands; 1-33 or 1-34 (2) land that has been determined to be state-owned by 1-35 judicial decree. 1-36 (c) This section may not be used to: 1-37 (1) resolve boundary disputes; or 1-38 (2) change the mineral reservation in an existing 1-39 patent. 1-40 (d) This section takes effect January 1, 2002. This 1-41 subsection expires January 2, 2002. 1-42 SECTION 2. This proposed constitutional amendment shall be 1-43 submitted to the voters at an election to be held November 6, 2001. 1-44 The ballot shall be printed to permit voting for or against the 1-45 proposition: "The constitutional amendment authorizing the 1-46 legislature to settle land title disputes between the state and a 1-47 private party." 1-48 * * * * *