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.