31 TAC §3.31
The General Land Office (GLO) proposes an amendment to §3.31,
relating to Fees. The amendment will delete §3.31(b)(7)(C) and (D). The
proposed amendment will remove 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 of the 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
of the 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 a $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 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 of the Texas Natural
Resources Code. The proposed amendment to §3.31(b)(7)(C) and (D) will
remove these filing fees.
Larry Laine, Chief Clerk, has determined that during the first five-year
period the proposed amendment is in effect there will be no negative fiscal
implications for state or local government or small businesses.
Mr. Laine has also determined that, during the first five-year period the
amendment is in effect, the public will benefit as these fees are no longer
required and an undue financial burden is removed from the filing of good
faith claimant applications. Individuals will benefit from the amendment,
as they will no longer be required to pay the fees associated with good faith
applications.
Comments may be submitted to Deborah Cantu, Texas Register Liaison, Texas
General Land Office, Legal Services Division, P.O. Box 12873, Austin, Texas
78711-2873; facsimile (512) 463-6311; e-mail address deborah.cantu@glo.state.tx.us.
Comments must be received no later than 5:00 p.m., 30 days after publication.
The amendment is proposed 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 - 51.192, Texas Natural Resources
Code.
Texas Natural Resources Code Subchapter E §§51.171 - 51.192 are
affected by this proposed amendment.
§3.31.Fees.
(a)
(No change.)
(b)
General Land Office fees. The commissioner is authorized
and required to collect the following fees where applicable.
(1) - (6)
(No change.)
(7)
Vacancies:
(A) - (B)
(No change.)
[(C)
Affidavit filing fee: $25. ]
[(D)
Each deed, title opinion, or other piece
of evidence needed to satisfy the commissioner of claimant's status, other
than those filed in a contested case administrative proceeding: $25. ]
(8) - (16)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 2, 2004.
TRD-200400653
Larry L. Laine
Chief Clerk, Deputy Land Commissioner
General Land Office
Earliest possible date of adoption: March 21, 2004
For further information, please call: (512) 305-9129