HBA-LJP, KDB H.J.R. 52 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 52
By: Cook
Land & Resource Management
2/21/2001
Introduced



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 52 surrenders any claim of the State of Texas to interest in
certain lands in the A.P. Nance Survey in Bastrop County. 

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 52 amends the Texas Constitution to provide that the
State of Texas relinquishes and releases any claim of sovereign ownership
or title to an interest in and to the lands, excluding the minerals, in
certain tracts in the A.P. Nance Survey, Bastrop County.  The bill provides
that title to the interest in lands, excluding the minerals, is confirmed
to the owners of the remaining interests in the lands.  

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.