SECTION 1.92. Application Requirements

(a) A person claiming title to land Under §11.084 of the Natural Resources Code may apply for a patent by filing with the commissioner:

(1) an application on the form prescribed by the commissioner;

(2) a notarized affidavit on the form prescribed by the Commissioner, which among other things, requires that the claimant swear that the claimant and, to the best of claimant's knowledge and belief, claimant's predecessors in interest, acquired the land without actual knowledge that title to the land was vested in the state of Texas; and

(3) an attachment to the application which contains documents necessary to support the claim.

(b) The attachment to the application shall include:

(1) a certified copy of the claimant's deed, or deed of claimant's predecessors in interest, recorded in the appropriate county or counties;

(2) a certified copy of the claimant's chain of title that originated on or before January 1, 1952;

(3) a copy of any boundary survey or plat of survey, in the applicant's possession, which covers any of the deeded tract;

(4) a sworn certificate from the tax assessors-collectors of the taxing jurisdictions in which the claimed tract is located stating that all taxes assessed on the claimed tract or tracts and any interest and penalties associated with any periods of tax delinquency have been paid In the event that public records concerning the tax payments on the claimed tract or tracts are unavailable for any period the tax assessors-collectors of the taxing jurisdictions in which the claimed tract is located shall provide the School Land Board with a sworn certificate stating that, to the best of their knowledge:

(A) all taxes have been paid; and

(B) there are no outstanding taxes nor interest or penalties currently due against the claimed tract or tracts; and

(5) such other documentation as the applicant deems necessary or assistive in explaining the deed or chain of title.

(c) A $25 non-refundable application fee and the appropriate filing fee for each document filed with the application shall be paid with the filing of the application.

(d) The person filing the application for consideration by the School Land Board shall be solely responsible for the completeness of the application.

Source Note: The provisions of this §1.92 adopted to be effective June 30, 2002, 27 TexReg 5522