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.