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A BILL TO BE ENTITLED
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AN ACT
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relating to a study on alternatives to litigation for disputed land |
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title claims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITIONS. In this Act: |
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(1) "Land commissioner" means the commissioner of the |
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General Land Office. |
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(2) "Land title" means the initial conveyance of real |
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property in this state, as evidenced by a certificate, title, or |
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patent. |
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SECTION 2. REVIEW OF LAND TITLE LITIGATION ALTERNATIVES. |
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(a) The land commissioner shall conduct a study of alternatives to |
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litigation as a means for resolving disputed land title claims. |
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(b) The study must evaluate: |
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(1) the feasibility of creating a review board that is |
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tasked with establishing title in the name of the appropriate owner |
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of real property if title is not contested by another person; and |
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(2) the potential legal impact of a review board |
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described by Subdivision (1) of this subsection. |
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SECTION 3. ADVISORY COMMITTEE. (a) An advisory committee |
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is established to assist the land commissioner in conducting the |
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study required by this Act. The advisory committee is composed of: |
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(1) three members who have expertise in land title |
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claims, 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) a designee of the lieutenant governor; |
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(4) a designee of the speaker of the house of |
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representatives; |
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(5) a designee of the land commissioner; |
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(6) a designee of the comptroller; and |
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(7) a designee of the attorney general. |
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(b) When making initial appointments under Subsection (a) |
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of this section, the governor shall designate one of the governor's |
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appointees as presiding officer of the committee. |
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(c) Members of the committee shall be appointed or |
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designated not later than December 31, 2023. |
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(d) The committee shall meet not later than the 30th day |
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after the date initial appointments or designations are made under |
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Subsection (a) of this section and shall meet regularly as |
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necessary at the call of the presiding officer. |
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(e) A committee member is not entitled to reimbursement of |
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expenses or to compensation. |
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(f) The committee is not subject to Chapter 2110, Government |
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Code. |
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(g) At the committee's request, the comptroller or any other |
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state agency, department, or office shall provide any assistance |
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the committee needs to perform the committee's duties. |
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SECTION 4. REPORT. Not later than January 1, 2025, the land |
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commissioner and the advisory committee shall prepare, and the land |
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commissioner shall provide to the governor, lieutenant governor, |
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and speaker of the house of representatives, a final report on the |
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feasibility of alternatives to litigation as a means for resolving |
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disputed land title claims. The final report must include: |
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(1) recommendations for how a land title review board |
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would operate and review land title disputes; |
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(2) pertinent case law and statutory law that would be |
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impacted by a land title review process; |
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(3) proposed legislation that would be necessary to |
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implement the recommendations made in the final report; |
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(4) any administrative recommendations; and |
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(5) a complete explanation of each of the land |
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commissioner's and committee's recommendations. |
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SECTION 5. EXPIRATION DATE. This Act expires June 1, 2025. |
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SECTION 6. EFFECTIVE DATE. This Act takes effect September |
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1, 2023. |