| 1 | 1 | | 88R7716 KBB-F |
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| 2 | 2 | | By: Guillen H.B. No. 2703 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a study on alternatives to litigation for disputed land |
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| 8 | 8 | | title claims. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. DEFINITIONS. In this Act: |
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| 11 | 11 | | (1) "Land commissioner" means the commissioner of the |
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| 12 | 12 | | General Land Office. |
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| 13 | 13 | | (2) "Land title" means the initial conveyance of real |
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| 14 | 14 | | property in this state, as evidenced by a certificate, title, or |
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| 15 | 15 | | patent. |
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| 16 | 16 | | SECTION 2. REVIEW OF LAND TITLE LITIGATION ALTERNATIVES. |
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| 17 | 17 | | (a) The land commissioner shall conduct a study of alternatives to |
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| 18 | 18 | | litigation as a means for resolving disputed land title claims. |
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| 19 | 19 | | (b) The study must evaluate: |
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| 20 | 20 | | (1) the feasibility of creating a review board that is |
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| 21 | 21 | | tasked with establishing title in the name of the appropriate owner |
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| 22 | 22 | | of real property if title is not contested by another person; and |
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| 23 | 23 | | (2) the potential legal impact of a review board |
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| 24 | 24 | | described by Subdivision (1) of this subsection. |
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| 25 | 25 | | SECTION 3. ADVISORY COMMITTEE. (a) An advisory committee |
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| 26 | 26 | | is established to assist the land commissioner in conducting the |
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| 27 | 27 | | study required by this Act. The advisory committee is composed of: |
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| 28 | 28 | | (1) three members who have expertise in land title |
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| 29 | 29 | | claims, appointed by the governor; |
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| 30 | 30 | | (2) three members who have expertise in property law, |
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| 31 | 31 | | appointed by the governor; |
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| 32 | 32 | | (3) a designee of the lieutenant governor; |
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| 33 | 33 | | (4) a designee of the speaker of the house of |
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| 34 | 34 | | representatives; |
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| 35 | 35 | | (5) a designee of the land commissioner; |
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| 36 | 36 | | (6) a designee of the comptroller; and |
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| 37 | 37 | | (7) a designee of the attorney general. |
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| 38 | 38 | | (b) When making initial appointments under Subsection (a) |
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| 39 | 39 | | of this section, the governor shall designate one of the governor's |
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| 40 | 40 | | appointees as presiding officer of the committee. |
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| 41 | 41 | | (c) Members of the committee shall be appointed or |
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| 42 | 42 | | designated not later than December 31, 2023. |
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| 43 | 43 | | (d) The committee shall meet not later than the 30th day |
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| 44 | 44 | | after the date initial appointments or designations are made under |
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| 45 | 45 | | Subsection (a) of this section and shall meet regularly as |
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| 46 | 46 | | necessary at the call of the presiding officer. |
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| 47 | 47 | | (e) A committee member is not entitled to reimbursement of |
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| 48 | 48 | | expenses or to compensation. |
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| 49 | 49 | | (f) The committee is not subject to Chapter 2110, Government |
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| 50 | 50 | | Code. |
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| 51 | 51 | | (g) At the committee's request, the comptroller or any other |
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| 52 | 52 | | state agency, department, or office shall provide any assistance |
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| 53 | 53 | | the committee needs to perform the committee's duties. |
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| 54 | 54 | | SECTION 4. REPORT. Not later than January 1, 2025, the land |
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| 55 | 55 | | commissioner and the advisory committee shall prepare, and the land |
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| 56 | 56 | | commissioner shall provide to the governor, lieutenant governor, |
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| 57 | 57 | | and speaker of the house of representatives, a final report on the |
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| 58 | 58 | | feasibility of alternatives to litigation as a means for resolving |
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| 59 | 59 | | disputed land title claims. The final report must include: |
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| 60 | 60 | | (1) recommendations for how a land title review board |
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| 61 | 61 | | would operate and review land title disputes; |
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| 62 | 62 | | (2) pertinent case law and statutory law that would be |
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| 63 | 63 | | impacted by a land title review process; |
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| 64 | 64 | | (3) proposed legislation that would be necessary to |
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| 65 | 65 | | implement the recommendations made in the final report; |
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| 66 | 66 | | (4) any administrative recommendations; and |
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| 67 | 67 | | (5) a complete explanation of each of the land |
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| 68 | 68 | | commissioner's and committee's recommendations. |
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| 69 | 69 | | SECTION 5. EXPIRATION DATE. This Act expires June 1, 2025. |
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| 70 | 70 | | SECTION 6. EFFECTIVE DATE. This Act takes effect September |
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| 71 | 71 | | 1, 2023. |
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