SRC-LBB, TJG S.B. 640 78(R)BILL ANALYSIS


Senate Research CenterS.B. 640
By: West
Natural Resources
8/6/2003
Enrolled


DIGEST AND PURPOSE 

Currently, the School Land Board (SLB) is not required to be notified of a
claim in advance.  Due to the lack of advanced notice, SLB is unable to
attempt to resolve pending disputes before going to court.  S.B. 640
requires a littoral owner to give notice of a claim to SLB within 180 days
of the incident that promoted the institution of the claim.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 33.171, Natural Resources Code, by adding
Subsections (c) and (d), as follows: 

(c) Provides that the state is entitled to receive notice of a claim
against the School Land Board (SLB) under this subchapter not later than
the 180th day after the day the action of the board giving rise to the
claim occurred.  Requires the notice to reasonably describe certain
details of SLB actions. 

(d) Provides the notice requirement of Subsection (c) is a jurisdictional
prerequisite to the institution of suit under this section regardless of
actual notice, express or implied, to SLB or the state 

SECTION 2.  (a) Effective date: September 1, 2003.

           (b) Makes application of this Act prospective.