88R7716 KBB-F
By: Guillen H.B. No. 2703
A BILL TO BE ENTITLED
AN ACT
relating to a study on alternatives to litigation for disputed land
title claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Land commissioner" means the commissioner of the
General Land Office.
(2) "Land title" means the initial conveyance of real
property in this state, as evidenced by a certificate, title, or
patent.
SECTION 2. REVIEW OF LAND TITLE LITIGATION ALTERNATIVES.
(a) The land commissioner shall conduct a study of alternatives to
litigation as a means for resolving disputed land title claims.
(b) The study must evaluate:
(1) the feasibility of 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 potential legal impact of a review board
described by Subdivision (1) of this subsection.
SECTION 3. ADVISORY COMMITTEE. (a) An advisory committee
is established to assist the land commissioner in conducting the
study required by this Act. The advisory committee is composed of:
(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 of the house of
representatives;
(5) a designee of the land commissioner;
(6) a designee of the comptroller; and
(7) a designee of the attorney general.
(b) When making initial appointments under Subsection (a)
of this section, the governor shall designate one of the governor's
appointees as presiding officer of the committee.
(c) Members of the committee shall be appointed or
designated not later than December 31, 2023.
(d) The committee shall meet not later than the 30th day
after the date initial appointments or designations are made under
Subsection (a) of this section and shall meet regularly as
necessary at the call of the presiding officer.
(e) A committee member is not entitled to reimbursement of
expenses or to compensation.
(f) The committee is not subject to Chapter 2110, Government
Code.
(g) At the committee's request, the comptroller or any other
state agency, department, or office shall provide any assistance
the committee needs to perform the committee's duties.
SECTION 4. REPORT. Not later than January 1, 2025, the land
commissioner and the advisory committee shall prepare, and the land
commissioner shall provide to the governor, lieutenant governor,
and speaker of the house of representatives, a final report on the
feasibility of alternatives to litigation as a means for resolving
disputed land title claims. The final report must include:
(1) recommendations for how a land title review board
would operate and review land title disputes;
(2) pertinent case law and statutory law that would be
impacted by a land title review process;
(3) proposed legislation that would be necessary to
implement the recommendations made in the final report;
(4) any administrative recommendations; and
(5) a complete explanation of each of the land
commissioner's and committee's recommendations.
SECTION 5. EXPIRATION DATE. This Act expires June 1, 2025.
SECTION 6. EFFECTIVE DATE. This Act takes effect September
1, 2023.