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."
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