By: Guillen H.B. No. 4551
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a commission to study land titles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITION. In this Act, "land title" means the
initial conveyance of real property in this state, as evidenced by a
certificate, title, or patent.
SECTION 2. LAND TITLE REVIEW COMMISSION. (a) The Land
Title Review Commission is created to study and provide
recommendations on providing alternative remedies to disputed land
title claims before litigation is pursued.
(b) The commission shall determine:
(1) the feasibility in creating a review board that is
tasked with establishing title in the name of the appropriate owner
of real property if title is not contested by another person; and
(2) the legal impacts of a possible review board that
establishes title in the name of the appropriate owner of real
property if title is not contested by another person
(c) The commission consists of the following members:
(1) three members who have expertise in land title
claims, appointed by the governor;
(2) three members who have expertise in property law,
appointed by the governor;
(3) a designee of the lieutenant governor;
(4) a designee of the speaker;
(5) a designee of the commissioner of the General Land
Office;
(6) a designee of the comptroller;
(7) a designee of the attorney general;
(d) When making initial appointments under Subsection (c),
the governor shall designate one of the governor's appointees as
presiding officer of the commission.
(e) Members of the commission shall be appointed or
designated, as appropriate, not later than December 31, 2021.
(f) The commission shall meet not later than the 30th day
after the date initial appointments or designations are made under
Subsection (c) and shall meet regularly as necessary at the call of
the presiding officer.
(g) A commission member is not entitled to reimbursement of
expenses or to compensation.
(h) On the commission's request, the comptroller or any
other state agency, department, or office shall provide any
assistance the commission needs to perform the commission's duties.
SECTION 3. REPORT ON LAND TITLE REVIEW. Not later than
January 1, 2023, the commission shall provide to the governor,
lieutenant governor, and speaker of the house of representatives a
final report on the feasibility of an alternative land title
review. The final report must include:
(1) recommendation for how a land title review board
would operate and review land title disputes;
(2) pertinent case law that would be impacted by a land
title review process;
(3) proposed legislation necessary to implement the
recommendations made in the final report;
(4) any administrative recommendations proposed by
the commission; and
(5) a complete explanation of each of the commission's
recommendations.
SECTION 4. OTHER LAW. The commission is not subject to
Chapter 2110, Government Code.
SECTION 5. EXPIRATION DATE. This Act expires and the Land
Title Review Commission is abolished on June 1, 2023.
SECTION 6. EFFECTIVE DATE. This Act takes effect September
1, 2021.