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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a commission to study unclaimed land |
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grant mineral proceeds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITION. In this Act, "original land grant" |
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means the initial conveyance of real property in this state, as |
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evidenced by a certificate, title, or patent, from: |
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(1) the Crown of Spain; |
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(2) Mexico; |
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(3) the Republic of Texas; or |
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(4) this state. |
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SECTION 2. UNCLAIMED MINERAL PROCEEDS COMMISSION. (a) The |
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Unclaimed Mineral Proceeds Commission is created to study and |
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provide recommendations to the legislature regarding the |
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distribution of mineral proceeds that are: |
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(1) derived from an original land grant; |
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(2) owned by a descendant of an original grantee; |
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(3) unclaimed and presumed abandoned under Chapter 72, |
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73, 74, or 75, Property Code; and |
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(4) delivered to the comptroller under Chapter 74, |
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Property Code. |
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(b) The commission shall determine: |
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(1) the amount of unclaimed original land grant |
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mineral proceeds delivered to the comptroller that remain unclaimed |
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on December 1, 2014; and |
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(2) efficient and effective procedures under which the |
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state may be required to: |
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(A) determine the owners of the proceeds; |
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(B) notify the owners of the proceeds; and |
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(C) distribute the proceeds to the owners. |
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(c) The commission consists of 17 members as follows: |
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(1) three members who represent the interests of land |
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grant heirs, appointed by the governor; |
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(2) three members who have expertise in property law, |
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appointed by the governor; |
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(3) two members appointed by the lieutenant governor; |
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(4) two members appointed by the speaker of the house |
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of representatives; |
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(5) two members appointed by the commissioner of the |
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General Land Office; |
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(6) two members appointed by the comptroller; |
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(7) two members appointed by the executive director of |
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the Texas Historical Commission; and |
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(8) the state historian or the state historian's |
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designee. |
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(d) When making initial appointments under Subsection (c), |
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the governor shall designate one of the governor's appointees as |
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presiding officer of the commission. |
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(e) The governor, lieutenant governor, and speaker of the |
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house of representatives shall appoint members to the commission |
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not later than December 31, 2013. |
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(f) The commission shall meet not later than the 30th day |
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after the date initial appointments are made under Subsection (c) |
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and shall meet regularly as necessary at the call of the presiding |
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officer. |
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(g) A commission member is not entitled to reimbursement of |
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expenses or to compensation. |
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(h) On the commission's request, the comptroller or any |
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other state agency, department, or office shall provide any |
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assistance the commission needs to perform the commission's duties. |
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SECTION 3. REPORT ON UNCLAIMED MINERAL PROCEEDS. Not later |
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than January 1, 2015, the commission shall provide to the governor, |
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lieutenant governor, and speaker of the house of representatives a |
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final report on unclaimed original land grant mineral proceeds. |
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The final report must include: |
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(1) the amount of unclaimed original land grant |
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mineral proceeds delivered to the comptroller that remain unclaimed |
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on December 1, 2014; |
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(2) recommendations for efficient and effective |
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procedures under which the state may be required to: |
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(A) determine the owners of the proceeds; |
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(B) notify the owners of the proceeds; and |
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(C) distribute the proceeds to the owners; |
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(3) proposed legislation necessary to implement the |
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recommendations made in the final report; |
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(4) any administrative recommendations proposed by |
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the commission; and |
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(5) a complete explanation of each of the commission's |
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recommendations. |
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SECTION 4. OTHER LAW. The commission is not subject to |
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Chapter 2110, Government Code. |
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SECTION 5. EXPIRATION DATE. This Act expires and the |
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Unclaimed Mineral Proceeds Commission is abolished on June 1, 2015. |
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SECTION 6. EFFECTIVE DATE. This Act takes effect September |
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1, 2013. |