Texas 2011 - 82nd Regular

Texas House Bill HCR141 Compare Versions

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Old	New	Differences
1	1	82R28573 CAC-F
2	2	By: Craddick, Howard of Travis H.C.R. No. 141
3	3	Substitute the following for H.C.R. No. 141:
4	4	By: Jackson C.S.H.C.R. No. 141
5	5
6	6
7	7	HOUSE CONCURRENT RESOLUTION
8	8	WHEREAS, William James Stroman, Jr., individually and as the
9	9	independent executor of the estate of William James Stroman and
10	10	attorney-in-fact for Cleo Lane Stroman (collectively referred to as
11	11	"Stroman"), alleges that:
12	12	(1) the State of Texas, through the board of regents of
13	13	The University of Texas System ("the board"), owns university
14	14	blocks 23, 24, and 26 ("university lands") located in Pecos County,
15	15	Texas, and exercises sole and exclusive management and control of
16	16	the lands set aside and appropriated to or acquired by the permanent
17	17	university fund, which was created and is governed by Sections 10,
18	18	11, 15, and 18, Article VII, Texas Constitution;
19	19	(2) Stroman owns property adjoining the west line of
20	20	the university lands, referred to as the Stroman Ranch;
21	21	(3) during the year 2008, the board began removing a
22	22	fence located on or about the true boundary of the university lands
23	23	and began constructing a new fence west of the true boundary of the
24	24	university lands and entered the Stroman Ranch without consent and
25	25	staked a new fence line west of the true boundary of the university
26	26	lands;
27	27	(4) the board informed Stroman that it would be
28	28	constructing a new fence on the new staked fence line and stated
29	29	that the location of the new fence was based on a survey performed
30	30	by Frank F. Friend, the field notes of which were filed in the
31	31	General Land Office in 1939;
32	32	(5) the university lands were originally surveyed in
33	33	1879 by R. M. Thomson, and Friend later resurveyed the university
34	34	lands in 1936, purportedly under the authority of Section 66.41,
35	35	Education Code, which called for lands to be resurveyed when it was
36	36	impracticable to establish lines and corners as originally
37	37	surveyed;
38	38	(6) the Friend survey placed the western boundary of
39	39	the university lands west of the previously established line and
40	40	clearly on the Stroman Ranch;
41	41	(7) Stroman informed the board of the error in the
42	42	location of the western boundary line; however, the board did not
43	43	correct the error and stated that the board disputed Stroman's
44	44	claim of ownership;
45	45	(8) in an attempt to resolve the dispute, Stroman
46	46	hired J. Stan Piper, a licensed state land surveyor, to establish
47	47	the proper western boundary of the university lands, and Piper
48	48	located the correct boundary between the university lands and the
49	49	Stroman Ranch, based on the original 1879 R. M. Thomson survey and
50	50	field notes, as well as subsequent surveys;
51	51	(9) Piper's conclusive findings, including locations
52	52	of monuments from the original R. M. Thomson survey, establish the
53	53	true boundary between the university lands and the Stroman Ranch
54	54	and demonstrate that the Friend survey was unnecessary and did not
55	55	establish the proper boundary; and
56	56	(10) the board intends to complete the fence along the
57	57	incorrect boundary between the university lands and the Stroman
58	58	Ranch, thereby trespassing on Stroman's property and denying
59	59	Stroman access to the property; now, therefore, be it
60	60	RESOLVED by the Legislature of the State of Texas, That
61	61	William James Stroman, Jr., individually and as the independent
62	62	executor of the estate of William James Stroman and
63	63	attorney-in-fact for Cleo Lane Stroman, is granted permission to
64	64	sue the State of Texas and the board of regents of The University of
65	65	Texas System subject to Chapter 107, Civil Practice and Remedies
66	66	Code; and, be it further
67	67	RESOLVED, That Stroman may not seek recovery of monetary
68	68	damages from the state, but may only seek a determination of the
69	69	boundary of Stroman's property and a determination of Stroman's
70	70	rights through a court order that fixes and determines the true
71	71	boundary between the university lands and the Stroman Ranch; and,
72	72	be it further
73	73	RESOLVED, That the suit authorized by this resolution may be
74	74	brought in Pecos or Travis County; and, be it further
75	75	RESOLVED, That the relief awarded in the suit authorized by
76	76	this resolution is limited to the relief authorized under Chapter
77	77	37, Civil Practice and Remedies Code, or Chapter 22, Property Code,
78	78	or both; and, be it further
79	79	RESOLVED, That the secretary of the board of regents of The
80	80	University of Texas System be served process as provided by Section
81	81	107.002(a)(3), Civil Practice and Remedies Code.