31 TAC §3.31
The General Land Office (GLO) adopts without changes as proposed
an amendment Title 31, Part 1, Chapter 3, Supchapter C §3.31(b)(7)(C)
and (D) relating to Fees of the Texas Administrative Code as published in
the February 20, 2004, edition of the
Texas Register
(29 TexReg 1613). The adopted amendment removes the fees currently
required for the filing of an affidavit and the filing of each deed, title
opinion, or other piece of evidence needed to satisfy the commissioner of
peoples' good faith claimant's status whose title to current property interests
are challenged under a vacancy application filed in accordance with §51.176
Texas Natural Resources Code.
In accordance with §51.178, a person who avers that they have occupied,
or used, or previously occupied or used or whose predecessors in interest
have occupied or uses the land identified in a vacancy application filed under §51.176
Texas Natural Resources Code, for purposes other than exploring for or removing
oil, gas, sulphur, or other minerals and geothermal resources and has, had
or whose predecessors in interest have had the land in question enclosed or
within definite boundaries recognized in the community and in possession for
a period of at least ten years with a good faith belief that the vacancy was
included with the boundaries of a survey or surveys that were previously titled
awarded or sold under circumstances that would have vested title in the property
identified may file an application for good faith claimant status with the
GLO. An application consists of a good faith claimant affidavit and required
documents that support that claim. Current §3.31(b)(7)(C) assesses $25.00
filing fee for each filed affidavit. Current §3.31(b)(7)(D) assesses
a $25.00 filing fee for each deed, title opinion, or other piece of evidence
needed to satisfy the commissioner of the person's good faith claimant status.
The GLO has identified that these fees as an undue financial burden on people
whose title to current property interests are challenged under a vacancy application
filed in accordance with §51.176 Texas Natural Resources Code. The proposed
amendment of §3.31(b)(7)(C) and (D) will remove these filing fees.
No comments were received regarding the proposed amendment.
The amendment of §3.31(b)(7)(C) and (D) is adopted under
Texas Natural Resources Code §51.174, which provides the GLO with the
authority to adopt rules necessary and convenient to administer Subchapter
E §§51.171-192, Texas Natural Resources Code.
Texas Natural Resources Code Subchapter E §§51.171-192 are affected
by this adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 19, 2004.
TRD-200402575
Larry L. Laine
Chief Clerk/Deputy Land Commissioner
General Land Office
Effective date: May 9, 2004
Proposal publication date: February 20, 2004
For further information, please call: (512) 305-8598