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.