HBA-LJP, KDB H.J.R. 53 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 53
By: Cook
Land & Resource Management
67/10/2001
Enrolled



BACKGROUND AND PURPOSE 

When sovereign land is sold or disposed of to private persons and a patent
is not issued from the state or the republic passing the legal title, the
legal title remains with the sovereign entity.  The private owner of the
land is often unaware that a title without a patent is ineffective and is
without legal recourse to acquire the patent because the lands of public
domain are now constitutionally dedicated to the Permanent School Fund
(PSF).  Under the Texas Constitution, the General Land Office and the
School Land Board manage and administer PSF, but do not have the authority
to issue the patent because current law requires them to receive the land's
fair market value in full before the patent is issued.  House Joint
Resolution 53 authorizes the legislature, under specified conditions, to
provide for the surrender of interest in land belonging to the State of
Texas. 

RULEMAKING AUTHORITY

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

ANALYSIS

House Joint Resolution 53 amends the Texas Constitution to authorize the
legislature to provide for  the release of all or part of the state's
interest in land, excluding mineral rights, if the land is surveyed,
unsold, permanent school fund land according to the records of the General
Land Office  not patentable under the law in effect before January 1, 2002,
and the person claiming title to the land: 

_holds the land under color of title;

_holds the land under a chain of title that originated on or before January
1, 1952; 

_acquired the land without actual knowledge that the title to the land was
vested in the State of Texas; 

_has a deed to the land recorded in the appropriate county; and

_has paid all taxes assessed on the land and any interest and penalties
associated with any period of tax delinquency. 

The resolution does not apply to beach land, submerged or filled land,
islands, or land that has been determined to be state-owned by judicial
decree.  The resolution may not be used to resolve boundary disputes or
change the mineral reservation in an existing patent. 

FOR ELECTION

November 6, 2001. If the voters approve the amendment, H.J.R. 53 takes
effect January 1, 2002.