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F I S C A L I M P A C T R E P O R T
SPONSOR García, M.P.
ORIGINAL DATE
LAST UPDATED
1/21/06
HB 67
SHORT TITLE Research State-Owned Property on Land Grants
SB
ANALYST Medina
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY06
FY07
$35.0
Recurring
General Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates Senate Bill 164 except in the amount of the appropriation
Relates to Senate Joint Memorial 10 of the Second Session of the Forty-Sixth Legislature
SOURCES OF INFORMATION
LFC Files
Responses Received From
Commission of Public Records (CPR)
SUMMARY
Synopsis of Bill
House Bill 67 appropriates $35.0 for expenditure in FY06 and FY07 from the general fund to the
State Commission of Public Records for the purpose of continuing a survey of state-owned prop-
erty located within the former common lands of community land grants, to research the chain of
title of those properties, and to provide the Legislature with an estimate of the cost of completing
the research project. The bill
FISCAL IMPLICATIONS
The appropriation of $35.0 contained in this bill is a recurring expense to the general fund. Any
unexpended or unencumbered balance remaining at the end of fiscal year 2007 shall revert to the
general fund.
The Commission of Public Records received an appropriation of $33.3 in Senate Bill 190 (Forty-
Seventh Legislature, First Session) to continue the initial survey and begin research on chain of
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House Bill 67 – Page
2
title for state-owned properties within selected land grants. According to the agency, that appro-
priation will not be sufficient to complete the work. The Commission has no resources without
additional funding to continue the work beyond the second phase supported through last year's
Senate Bill 190.
SIGNIFICANT ISSUES
This bill is a Land Grant Committee bill.
ADMINISTRATIVE IMPLICATIONS
The Commission states that it does not have the staffing or budgetary resources to continue the
research and chain of title work beyond FY2006 without additional funding. The agency is using
the existing appropriation to contract with a former State Historian familiar with the land grant
records held by the agency as well as other supporting records to continue the research and
documentation of the state-owned properties and to research chain of title for those within the
selected land grants. It will also contract with professional abstractors to verify the documenta-
tion and certify the chains of title. The Commission would propose to use the appropriation con-
tained in this bill to continue similar contracts to address the remaining properties.
RELATIONSHIP
Senate Joint Memorial 10 of the Second Session of the Forty-Sixth Legislature directs the Cul-
tural Affairs Department, Commission of Public Records, and the Attorney General’s Office to
work with other federal and state agencies to conduct a study to determine the extent to which
lands that were formally part of the common lands of a land grant-merced now belong to the
state and how the land was obtained or acquired by the state. The results of the study are to be
reported to the legislature not later than November 1, 2004. Further, if the facts show the land
that was once part of the common lands of a land grant-merced was obtained through dishonest,
unjust, or illegal means and is now owned by the state, the office of cultural affairs and the office
of the attorney general should determine what actions are required for the land to be returned to
the heirs of the land grant.
DUPLICATION
This bill duplicates Senate Bill 164 except that Senate Bill 164 appropriates $40.0 for the same
purpose.
TECHNICAL ISSUES
The bill incorrectly cites the location of the original Senate Joint Memorial as having passed dur-
ing the First Session of the Forty-Sixth Legislature. The correct SJM 10 was passed in the Sec-
ond Session of the Forty-Sixth Legislature.
ALTERNATIVES
According to the Commission, if the research and documentation are to continue, there would
appear to be few alternatives, other than perhaps funding a term position for the duration of the
project. However, even were this alternative to be pursued, it could prove difficult to find some-
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House Bill 67 – Page
3
one as familiar with the pertinent records as the contractor now used and it would not negate the
need to secure the services of abstractors.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.
According to the Commission of Public Records, the research and documentation of the state-
owned properties located within other land grants would not continue.
DXM/yr