81R16618 AJA-D
By: Pea, Gonzales H.B. No. 1884
Substitute the following for H.B. No. 1884:
By: Davis of Harris C.S.H.B. No. 1884
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the conveyance of certain state real
property from the Department of State Health Services to Hidalgo
County for the provision of outpatient health care services or
another public purpose.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The Department of State Health Services
shall transfer to Hidalgo County all or part of the real property,
including the improvements affixed to the property and the mineral
interest in and under the property, described by Subsection (g) of
this section as soon as practicable after the completion of the
construction of improvements on the property required for the
provision of outpatient health care services under Chapter 1106
(H.B. 3504), Acts of the 76th Legislature, Regular Session, 1999,
as amended by Chapter 1348 (S.B. 815), Acts of the 79th Legislature,
Regular Session, 2005.
(b) If the Department of State Health Services transfers the
property described by Subsection (g) of this section, the transfer
does not obligate Hidalgo County for any debt related to the
property accrued before the transfer.
(c) Consideration for the transfer authorized by Subsection
(a) of this section shall be in the form of an agreement between the
parties that requires Hidalgo County to use the property in a manner
that primarily promotes a public purpose of the state. If Hidalgo
County fails to use the property in that manner for more than 180
continuous days, ownership of the property automatically reverts to
the entity that transferred the property to Hidalgo County.
(d) Any restrictive conditions imposed by a deed
transferring the property described by Subsection (g) of this
section to the state recorded in the real property records of
Hidalgo County are binding on the property transaction authorized
by this section.
(e) The Department of State Health Services shall transfer
the property by deed without warranties regarding covenants of
title. The instrument of transfer must include a provision that:
(1) indicates that any restrictive conditions imposed
by a deed described by Subsection (d) of this section are binding on
the property transaction described by the instrument of transfer;
(2) requires Hidalgo County to use the property in a
manner that primarily promotes a public purpose of the state; and
(3) indicates that ownership of the property
automatically reverts to the entity that transferred the property
to Hidalgo County if Hidalgo County fails to use the property in a
manner that complies with the conditions imposed under this
subsection for more than 180 continuous days.
(f) Sections 533.084 and 533.087, Health and Safety Code,
and Sections 31.1571 and 31.158, Natural Resources Code, do not
apply to a transfer of real property authorized by this Act.
(g) The real property to which Subsection (a) of this
section refers consists of the following:
A 6.31 ACRE TRACT OF LAND OUT OF MULTI-PURPOSE FACILITY FOR
PRECINCT No. 4 SUBDIVISION, HIDALGO COUNTY, TEXAS, ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 27, PAGE 181, MAP RECORDS,
HIDALGO COUNTY, TEXAS, AND ACCORDING TO WARRANTY DEED RECORDED IN
VOLUME 2990, PAGE 579, OFFICIAL RECORDS, HIDALGO COUNTY, TEXAS,
REFERENCE TO WHICH IS HERE MADE FOR ALL PURPOSES AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING AT A 1/2" IRON ROD 24" IN LENGTH WITH PLASTIC CAP STAMPED
RPLS 4856 SET ON THE EAST LINE OF MULTI-PURPOSE FACILITY FOR
PRECINCT No. 4 SUBDIVISION FOR THE SOUTHEAST CORNER OF THIS TRACT,
SAID ROD BEARS NORTH 430.00 FEET FROM THE SOUTHEAST CORNER OF
MULTI-PURPOSE FACILITY FOR PRECINCT No. 4 SUBDIVISION.
THENCE; WEST, A DISTANCE OF 629.83 FEET TO A 1/2" IRON ROD 24" IN
LENGTH WITH PLASTIC CAP STAMPED RPLS 4856 SET ON THE WEST LINE OF
MULTI-PURPOSE FACILITY FOR PRECINCT No. 4 SUBDIVISION FOR THE
SOUTHWEST CORNER OF THIS TRACT.
THENCE; ALONG THE WEST LINE OF THE MULTI-PURPOSE FACILITY FOR
PRECINCT No. 4 SUBDIVISION AND ALONG THE ARC OF A CURVE TO THE RIGHT
(CURVE DATA: DELTA = 0819'16", RADIUS = 417.50 FEET), A DISTANCE OF
60.63 FEET TO A 1/2" IRON ROD 24" IN LENGTH WITH PLASTIC CAP STAMPED
RPLS 4856 SET FOR AN INTERIOR CORNER OF MULTI-PURPOSE FACILITY FOR
PRECINCT No. 4 SUBDIVISION AND AN INTERIOR CORNER OF THIS TRACT.
THENCE; N 3611'47'E, ALONG THE WEST LINE OF MULTI-PURPOSE FACILITY
FOR PRECINCT No. 4 SUBDIVISION, A DISTANCE OF 917.64 FEET TO A 1/2"
IRON ROD 24" IN LENGTH WITH PLASTIC CAP STAMPED RPLS 4856 SET FOR AN
INTERIOR CORNER OF MULTI-PURPOSE FACILITY FOR PRECINCT No. 4
SUBDIVISION AND AN INTERIOR CORNER OF THIS TRACT.
THENCE; ALONG THE WEST LINE OF MULTI-PURPOSE FACILITY FOR PRECINCT
No. 4 SUBDIVISION, AND ALONG THE ARC OF A CURVE TO THE LEFT (CURVE
DATA: DELTA = 2651'18", RADIUS = 76.44 FEET), A DISTANCE OF 37.08
FEET TO A 1/2" IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID TRACT
AND THE NORTHWEST CORNER OF THIS TRACT.
THENCE; EAST, ALONG THE NORTH LINE OF THE MULTI-PURPOSE FACILITY
FOR PRECINCT No. 4 SUBDIVISION, A DISTANCE OF 41.20 FEET TO A 1/2"
IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID TRACT AND THE
NORTHEAST CORNER OF THIS TRACT.
THENCE; SOUTH, ALONG THE EAST LINE OF THE MULTI-PURPOSE FACILITY
FOR PRECINCT No. 4 SUBDIVISION, A DISTANCE OF 824.26 FEET TO THE
POINT OF BEGINNING AND CONTAINING 6.31 ACRES OF LAND MORE OR LESS.
BEARINGS ARE IN ACCORDANCE WITH MULTI-PURPOSE FACILITY FOR PRECINCT
No. 4 SUBDIVISION, RECORDED IN VOLUME 27, PAGE 181, MAP RECORDS,
HIDALGO COUNTY, TEXAS.
A 0.436 ACRE TRACT OF LAND OUT OF MULTI-PURPOSE FACILITY FOR
PRECINCT No. 4 SUBDIVISION, HIDALGO COUNTY, TEXAS, ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 27, PAGE 181, MAP RECORDS,
HIDALGO COUNTY, TEXAS, AND ACCORDING TO WARRANTY DEED RECORDED IN
VOLUME 2990, PAGE 579, OFFICIAL RECORDS, HIDALGO COUNTY, TEXAS,
REFERENCE TO WHICH IS HERE MADE FOR ALL PURPOSES AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING AT A 1/2" IRON ROD FOUND ON THE NORTH RIGHT OF WAY LINE OF
F.M. 2128 AND ON THE EAST LINE OF MULTI-PURPOSE FACILITY FOR
PRECINCT No. 4 SUBDIVISION FOR THE SOUTHEAST CORNER OF THIS TRACT,
SAID ROD BEARS NORTH, 50.00 FEET FROM THE SOUTHEAST CORNER OF
MULTI-PURPOSE FACILITY FOR PRECINCT No. 4 SUBDIVISION.
THENCE; N 8952'W, ALONG THE NORTH RIGHT OF WAY LINE OF F.M. 2128, A
DISTANCE OF 50.00 FEET TO A 1/2" IRON ROD 24" IN LENGTH WITH PLASTIC
CAP STAMPED RPLS 4856 SET FOR THE SOUTHWEST CORNER OF THIS TRACT.
THENCE; NORTH, A DISTANCE OF 379.88 FEET TO A 1/2" IRON ROD 24" IN
LENGTH WITH PLASTIC CAP STAMPED RPLS 4856 SET FOR THE NORTHWEST
CORNER OF THIS TRACT.
THENCE; EAST, A DISTANCE OF 50.00 FEET TO A 1/2" IRON ROD 24" IN
LENGTH WITH PLASTIC CAP STAMPED RPLS 4856 SET ON THE EAST LINE OF
THE MULTI-PURPOSE FACILITY FOR PRECINCT No. 4 SUBDIVISION FOR THE
NORTHEAST CORNER OF THIS TRACT.
THENCE; SOUTH, ALONG THE EAST LINE OF THE MULTI-PURPOSE FACILITY
FOR PRECINCT No. 4 SUBDIVISION, A DISTANCE OF 380.00 FEET TO THE
POINT OF BEGINNING AND CONTAINING 0.436 OF AN ACRE OF LAND MORE OR
LESS.
BEARINGS ARE IN ACCORDANCE WITH MULTI-PURPOSE FACILITY FOR PRECINCT
No. 4 SUBDIVISION, RECORDED IN VOLUME 27, PAGE 181, MAP RECORDS,
HIDALGO COUNTY, TEXAS.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.