| 1 | 1 | | By: Guillen H.B. No. 4551 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the creation of a commission to study land titles. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. DEFINITION. In this Act, "land title" means the |
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| 9 | 9 | | initial conveyance of real property in this state, as evidenced by a |
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| 10 | 10 | | certificate, title, or patent. |
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| 11 | 11 | | SECTION 2. LAND TITLE REVIEW COMMISSION. (a) The Land |
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| 12 | 12 | | Title Review Commission is created to study and provide |
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| 13 | 13 | | recommendations on providing alternative remedies to disputed land |
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| 14 | 14 | | title claims before litigation is pursued. |
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| 15 | 15 | | (b) The commission shall determine: |
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| 16 | 16 | | (1) the feasibility in creating a review board that is |
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| 17 | 17 | | tasked with establishing title in the name of the appropriate owner |
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| 18 | 18 | | of real property if title is not contested by another person; and |
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| 19 | 19 | | (2) the legal impacts of a possible review board that |
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| 20 | 20 | | establishes title in the name of the appropriate owner of real |
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| 21 | 21 | | property if title is not contested by another person |
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| 22 | 22 | | (c) The commission consists of the following members: |
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| 23 | 23 | | (1) three members who have expertise in land title |
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| 24 | 24 | | claims, appointed by the governor; |
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| 25 | 25 | | (2) three members who have expertise in property law, |
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| 26 | 26 | | appointed by the governor; |
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| 27 | 27 | | (3) a designee of the lieutenant governor; |
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| 28 | 28 | | (4) a designee of the speaker; |
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| 29 | 29 | | (5) a designee of the commissioner of the General Land |
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| 30 | 30 | | Office; |
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| 31 | 31 | | (6) a designee of the comptroller; |
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| 32 | 32 | | (7) a designee of the attorney general; |
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| 33 | 33 | | (d) When making initial appointments under Subsection (c), |
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| 34 | 34 | | the governor shall designate one of the governor's appointees as |
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| 35 | 35 | | presiding officer of the commission. |
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| 36 | 36 | | (e) Members of the commission shall be appointed or |
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| 37 | 37 | | designated, as appropriate, not later than December 31, 2021. |
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| 38 | 38 | | (f) The commission shall meet not later than the 30th day |
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| 39 | 39 | | after the date initial appointments or designations are made under |
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| 40 | 40 | | Subsection (c) and shall meet regularly as necessary at the call of |
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| 41 | 41 | | the presiding officer. |
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| 42 | 42 | | (g) A commission member is not entitled to reimbursement of |
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| 43 | 43 | | expenses or to compensation. |
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| 44 | 44 | | (h) On the commission's request, the comptroller or any |
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| 45 | 45 | | other state agency, department, or office shall provide any |
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| 46 | 46 | | assistance the commission needs to perform the commission's duties. |
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| 47 | 47 | | SECTION 3. REPORT ON LAND TITLE REVIEW. Not later than |
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| 48 | 48 | | January 1, 2023, the commission shall provide to the governor, |
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| 49 | 49 | | lieutenant governor, and speaker of the house of representatives a |
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| 50 | 50 | | final report on the feasibility of an alternative land title |
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| 51 | 51 | | review. The final report must include: |
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| 52 | 52 | | (1) recommendation for how a land title review board |
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| 53 | 53 | | would operate and review land title disputes; |
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| 54 | 54 | | (2) pertinent case law that would be impacted by a land |
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| 55 | 55 | | title review process; |
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| 56 | 56 | | (3) proposed legislation necessary to implement the |
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| 57 | 57 | | recommendations made in the final report; |
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| 58 | 58 | | (4) any administrative recommendations proposed by |
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| 59 | 59 | | the commission; and |
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| 60 | 60 | | (5) a complete explanation of each of the commission's |
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| 61 | 61 | | recommendations. |
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| 62 | 62 | | SECTION 4. OTHER LAW. The commission is not subject to |
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| 63 | 63 | | Chapter 2110, Government Code. |
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| 64 | 64 | | SECTION 5. EXPIRATION DATE. This Act expires and the Land |
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| 65 | 65 | | Title Review Commission is abolished on June 1, 2023. |
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| 66 | 66 | | SECTION 6. EFFECTIVE DATE. This Act takes effect September |
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| 67 | 67 | | 1, 2021. |
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