HBA-LJP C.S.H.J.R. 52 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.J.R. 52
By: Cook
Land & Resource Management
3/7/2001
Committee Report (Substituted)



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.  C.S.H.J.R. 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

C.S.H.J.R. 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 resolution provides
that title to the interest in and to the lands, excluding the minerals, is
confirmed to the holder of record title to each tract.  The resolution
provides that any outstanding land award or land payment obligation owed to
the state for the land is canceled and any previous payments on an
obligation related to the land may not be refunded.  The resolution
requires the General Land Office to issue a patent that includes a
provision that the State of Texas retains mineral interest in the land to
the holder of record title to each tract in the same manner as other
patents, except that no filing or patent fee may be required. 

EFFECTIVE DATE

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

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute resolution modifies the original by replacing the
confirmation of the title to the interest in and to the lands from the
owners of the remaining interests in the lands to the holder of record
title to each tract. C.S.H.J.R. 52 adds provisions to the original relating
to obligations on the relinquished property and the issuance of patents.
The substitute also adds Tracts 2 and 3 in the A.P. Nance Survey to the
property that The State of Texas relinquishes and releases any claim of
sovereign ownership or title to an interest in and to the lands, excluding
mineral rights.