HBA-NLM H.B. 1539 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1539
By: Pitts
Land & Resource Management
3/3/1999
Introduced



BACKGROUND AND PURPOSE 

Following the federal government's cancellation of the Superconducting
Super Collider project,  the General Land Office (GLO), on behalf of the
state, sold more than $10 million in real property to third parties.
Legislation passed by the 75th Legislature, and codified in Section 31.309
(Preference Right to Purchase Certain Land), Natural Resources Code,
created a preference right  for certain previous owners of the real
property to repurchase the property before it was offered  to third parties
by the state. GLO promulgated rules regarding the proper way to notice and
exercise these preference rights.  H.B. 1539 validates all conveyances of
land subject to a Section 31.309 preference right, provided that the
conveyance takes place before the effective date of this Act.  This bill
also specifies that the validation will not affect a conveyance that is the
subject of a suit filed before the effective date of this Act.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  VALIDATION OF CONVEYANCE OF LAND USED FOR SUPERCONDUCTING SUPER
COLLIDER RESEARCH FACILITY.  Validates a conveyance of land that occurred
before the effective date of the Act, as of the date it occurred, which is
subject to a preference right described by Section 31.309 (Preference Right
to Purchase Certain Land), Natural Resources Code. 

_Section 31.309 states that a person or the person's heirs who conveyed
land to the state for use by the superconducting super collider research
facility has a preference right to purchase the same tract of land that is
offered for sale by the state to any other person. A person who has a
preference right under this section must pay at least the fair market value
for the land as determined by an appraisal conducted by the land office. 

Provides that the right, title, and interest to the land is relinquished,
confirmed, and granted to the purchaser under the conveyance instrument
subject only to the conditions, limitations, and restrictions described and
imposed by the conveyance instrument. 

SECTION 2. EFFECT ON LITIGATION.  Provides that if the validity of a
conveyance is the subject of a suit filed before the effective date of this
Act and the conveyance is ultimately determined invalid by a court, this
Act does not validate that conveyance. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.