Texas 2011 - 82nd Regular

Texas House Bill HCR95

Introduced
3/10/11  
Introduced
3/10/11  
Refer
3/18/11  

Caption

Granting Grandfather's Blind, Ltd., and Donner Properties permission to sue the State of Texas, the General Land Office, and the School Land Board.

Impact

The bill specifically seeks a court determination to clarify the boundary between private land and state-owned submerged land in Hynes Bay, San Antonio Bay, and Guadalupe Bayou. By affirming the owners' claims to exclude the public from certain waters that are deemed private and non-navigable, HCR95 aims to restore property rights and ensure the peaceful enjoyment of the land. This resolution is significant as it may establish precedents regarding similar land and water rights disputes in Texas.

Summary

HCR95 is a concurrent resolution that grants Grandfather's Blind, Ltd. and Donner Properties permission to sue the State of Texas, the General Land Office, and the School Land Board regarding certain property and water rights associated with 13 patents issued between 1861 and 1956. The properties in question, located in Refugio County, encompass approximately 3,800 acres and include both dry land and inland lake waters. The resolution seeks to affirm the boundaries originally established by these patents, which have been subject to disputes and confusion over the jurisdiction and rights concerning the submerged lands and adjacent public waters.

Sentiment

The general sentiment among proponents of HCR95 appears to be positive, emphasizing the importance of property rights, historical ownership claims, and the need for clear boundaries to prevent public invasions of private property. However, as with many property rights issues, there may be contention among stakeholders interested in public access to the water for recreational purposes, thus creating a polarized view on the bill's implications for public rights versus private ownership.

Contention

Notable points of contention include the balance between property owners' rights and public access to natural resources. The bill stipulates that the owners have exclusive rights to both land and water within the established boundaries of the 13 patents, which could restrict public activities such as fishing and boating in areas that may have been historically accessible. This potential limitation on public access could lead to debates regarding the appropriate use of Texas' coastal and water resources.

Companion Bills

No companion bills found.

Previously Filed As

TX HB5383

Relating to the creation of the River Ranch Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB1535

Relating to the San Antonio River Authority, following recommendations of the Sunset Advisory Commission; altering the terms of office of the members of the board of directors of the authority.

TX SB2582

Relating to the San Antonio River Authority, following recommendations of the Sunset Advisory Commission; altering the terms of office of the members of the board of directors of the authority.

TX HB4559

Relating to the application of statutes that classify political subdivisions according to population.

TX HB5344

Relating to the eligibility of certain retired firefighters, police officers, and emergency medical services providers to purchase continued health benefits coverage; the creation of certain special purpose districts and the name, powers, and duties of the 3 B&J Municipal Utility District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB5067

Relating to a study by the General Land Office on the establishment and implementation by the General Land Office of a distributed ledger-based title registry pilot program.

TX SB2603

Relating to the creation of the Montgomery County Municipal Utility District No. 216; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB5324

Relating to the creation of the Montgomery County Municipal Utility District No. 216; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX SB2612

Relating to the commissioning by the General Land Office of certain Alamo complex rangers as peace officers.

TX HB5417

Relating to the commissioning by the General Land Office of certain Alamo complex rangers as peace officers.

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