C.S.H.J.R. 11 78(4)    BILL ANALYSIS


     C.S.H.J.R. 11
By: Hughes
Land & Resource Management
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

The vacancy statute (Section 11.084 et seq, Natural Resources Code) has
been on the books since 1900.  It was designed to deal with strips of land
which fell in between tracts when the state originally patented the land.
Since this "vacant" land was never patented, it still technically belongs
to the state.  The statute sets out a process to determine whether land is
vacant.  One who believes he has located vacant land (referred to as an
applicant) files an application with the General Land Office.  The GLO
determines whether a vacancy exists, and if the GLO rules that the land is
vacant, the applicant receives a 1/16th royalty in the minerals under the
vacant land. 

Due to a gross misapplication of the vacancy statute, the property rights
of thousands of Texans are being clouded.  A vacancy application has been
filed in Upshur County (Northeast Texas) claiming that an entire 4,600
acre survey is vacant land.  In the history of the vacancy statute, there
have been larger tracts, but this application affects by far the largest
number of property owners (over 1,000 surface owners and over 2,000
mineral interest owners). 

The GLO ruled in January that the land was not vacant.  Unfortunately, the
applicants have appealed the GLO's ruling to district court, and as a
result, the affected property owners' title is clouded pending the
litigation.  It will takes months or even years for this case to make its
way through the courts. 

CSHJR 11 is designed to clear the titles to the land and mineral owners in
this 4,600 acre tract. 

RULEMAKING AUTHORITY

It is the committee's opinion that this resolution does not expressly
grant any additional rulemaking authority to a state officer, department,
agency, or institution.  

ANALYSIS

SECTION 1:  Amends Article VII, Texas Constitutional adding Section 2C.

 Section 2C:  The State of Texas relinquishes and releases any claim of
sovereign ownership or title to an interest in and to the land, including
mineral rights, described in Section 2C. 

SECTION 2:  The amendment shall be submitted to the voters at an election
on September 11, 2004. The ballot shall be printed to permit voting for or
against the proposition: "The constitutional amendment providing for the
clearing of land titles by relinquishing and releasing any state claim to
sovereign ownership or title to interest in certain land in Upshur
County." 

FOR ELECTION

The amendment shall be submitted to the voters at an election on September
11, 2004. The ballot shall be printed to permit voting for or against the
proposition:  "The constitutional amendment providing for the clearing of
land titles by relinquishing and releasing any state claim to sovereign
ownership or title to interest in certain land in Upshur County." 


 COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1:The CSHJR 11 makes technical corrections to the legal
description of the land area in Upshur County. 
 
SECTION 2:No changes.