Texas 2009 - 81st Regular

Texas House Bill HB1884 Compare Versions

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1	1	H.B. No. 1884
2	2
3	3
4	4	AN ACT
5	5	relating to authorizing the conveyance of certain state real
6	6	property from the Department of State Health Services to Hidalgo
7	7	County for the provision of outpatient health care services or
8	8	another public purpose.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. (a) The Department of State Health Services
11	11	shall transfer to Hidalgo County all or part of the real property,
12	12	including the improvements affixed to the property and the mineral
13	13	interest in and under the property, described by Subsection (g) of
14	14	this section as soon as practicable after the completion of the
15	15	construction of improvements on the property required for the
16	16	provision of outpatient health care services under Chapter 1106
17	17	(H.B. 3504), Acts of the 76th Legislature, Regular Session, 1999,
18	18	as amended by Chapter 1348 (S.B. 815), Acts of the 79th Legislature,
19	19	Regular Session, 2005.
20	20	(b) If the Department of State Health Services transfers the
21	21	property described by Subsection (g) of this section, the transfer
22	22	does not obligate Hidalgo County for any debt related to the
23	23	property accrued before the transfer.
24	24	(c) Consideration for the transfer authorized by Subsection
25	25	(a) of this section shall be in the form of an agreement between the
26	26	parties that requires Hidalgo County to use the property in a manner
27	27	that primarily promotes a public purpose of the state. If Hidalgo
28	28	County fails to use the property in that manner for more than 180
29	29	continuous days, ownership of the property automatically reverts to
30	30	the entity that transferred the property to Hidalgo County.
31	31	(d) Any restrictive conditions imposed by a deed
32	32	transferring the property described by Subsection (g) of this
33	33	section to the state recorded in the real property records of
34	34	Hidalgo County are binding on the property transaction authorized
35	35	by this section.
36	36	(e) The Department of State Health Services shall transfer
37	37	the property by deed without warranties regarding covenants of
38	38	title. The instrument of transfer must include a provision that:
39	39	(1) indicates that any restrictive conditions imposed
40	40	by a deed described by Subsection (d) of this section are binding on
41	41	the property transaction described by the instrument of transfer;
42	42	(2) requires Hidalgo County to use the property in a
43	43	manner that primarily promotes a public purpose of the state; and
44	44	(3) indicates that ownership of the property
45	45	automatically reverts to the entity that transferred the property
46	46	to Hidalgo County if Hidalgo County fails to use the property in a
47	47	manner that complies with the conditions imposed under this
48	48	subsection for more than 180 continuous days.
49	49	(f) Sections 533.084 and 533.087, Health and Safety Code,
50	50	and Sections 31.1571 and 31.158, Natural Resources Code, do not
51	51	apply to a transfer of real property authorized by this Act.
52	52	(g) The real property to which Subsection (a) of this
53	53	section refers consists of the following:
54	54	A 6.31 ACRE TRACT OF LAND OUT OF MULTI-PURPOSE FACILITY FOR
55	55	PRECINCT No. 4 SUBDIVISION, HIDALGO COUNTY, TEXAS, ACCORDING TO THE
56	56	MAP OR PLAT THEREOF RECORDED IN VOLUME 27, PAGE 181, MAP RECORDS,
57	57	HIDALGO COUNTY, TEXAS, AND ACCORDING TO WARRANTY DEED RECORDED IN
58	58	VOLUME 2990, PAGE 579, OFFICIAL RECORDS, HIDALGO COUNTY, TEXAS,
59	59	REFERENCE TO WHICH IS HERE MADE FOR ALL PURPOSES AND BEING MORE
60	60	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
61	61	BEGINNING AT A 1/2" IRON ROD 24" IN LENGTH WITH PLASTIC CAP STAMPED
62	62	RPLS 4856 SET ON THE EAST LINE OF MULTI-PURPOSE FACILITY FOR
63	63	PRECINCT No. 4 SUBDIVISION FOR THE SOUTHEAST CORNER OF THIS TRACT,
64	64	SAID ROD BEARS NORTH 430.00 FEET FROM THE SOUTHEAST CORNER OF
65	65	MULTI-PURPOSE FACILITY FOR PRECINCT No. 4 SUBDIVISION.
66	66	THENCE; WEST, A DISTANCE OF 629.83 FEET TO A 1/2" IRON ROD 24" IN
67	67	LENGTH WITH PLASTIC CAP STAMPED RPLS 4856 SET ON THE WEST LINE OF
68	68	MULTI-PURPOSE FACILITY FOR PRECINCT No. 4 SUBDIVISION FOR THE
69	69	SOUTHWEST CORNER OF THIS TRACT.
70	70	THENCE; ALONG THE WEST LINE OF THE MULTI-PURPOSE FACILITY FOR
71	71	PRECINCT No. 4 SUBDIVISION AND ALONG THE ARC OF A CURVE TO THE RIGHT
72	72	(CURVE DATA: DELTA = 0819'16", RADIUS = 417.50 FEET), A DISTANCE OF
73	73	60.63 FEET TO A 1/2" IRON ROD 24" IN LENGTH WITH PLASTIC CAP STAMPED
74	74	RPLS 4856 SET FOR AN INTERIOR CORNER OF MULTI-PURPOSE FACILITY FOR
75	75	PRECINCT No. 4 SUBDIVISION AND AN INTERIOR CORNER OF THIS TRACT.
76	76	THENCE; N 3611'47'E, ALONG THE WEST LINE OF MULTI-PURPOSE FACILITY
77	77	FOR PRECINCT No. 4 SUBDIVISION, A DISTANCE OF 917.64 FEET TO A 1/2"
78	78	IRON ROD 24" IN LENGTH WITH PLASTIC CAP STAMPED RPLS 4856 SET FOR AN
79	79	INTERIOR CORNER OF MULTI-PURPOSE FACILITY FOR PRECINCT No. 4
80	80	SUBDIVISION AND AN INTERIOR CORNER OF THIS TRACT.
81	81	THENCE; ALONG THE WEST LINE OF MULTI-PURPOSE FACILITY FOR PRECINCT
82	82	No. 4 SUBDIVISION, AND ALONG THE ARC OF A CURVE TO THE LEFT (CURVE
83	83	DATA: DELTA = 2651'18", RADIUS = 76.44 FEET), A DISTANCE OF 37.08
84	84	FEET TO A 1/2" IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID TRACT
85	85	AND THE NORTHWEST CORNER OF THIS TRACT.
86	86	THENCE; EAST, ALONG THE NORTH LINE OF THE MULTI-PURPOSE FACILITY
87	87	FOR PRECINCT No. 4 SUBDIVISION, A DISTANCE OF 41.20 FEET TO A 1/2"
88	88	IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID TRACT AND THE
89	89	NORTHEAST CORNER OF THIS TRACT.
90	90	THENCE; SOUTH, ALONG THE EAST LINE OF THE MULTI-PURPOSE FACILITY
91	91	FOR PRECINCT No. 4 SUBDIVISION, A DISTANCE OF 824.26 FEET TO THE
92	92	POINT OF BEGINNING AND CONTAINING 6.31 ACRES OF LAND MORE OR LESS.
93	93	BEARINGS ARE IN ACCORDANCE WITH MULTI-PURPOSE FACILITY FOR PRECINCT
94	94	No. 4 SUBDIVISION, RECORDED IN VOLUME 27, PAGE 181, MAP RECORDS,
95	95	HIDALGO COUNTY, TEXAS.
96	96	A 0.436 ACRE TRACT OF LAND OUT OF MULTI-PURPOSE FACILITY FOR
97	97	PRECINCT No. 4 SUBDIVISION, HIDALGO COUNTY, TEXAS, ACCORDING TO THE
98	98	MAP OR PLAT THEREOF RECORDED IN VOLUME 27, PAGE 181, MAP RECORDS,
99	99	HIDALGO COUNTY, TEXAS, AND ACCORDING TO WARRANTY DEED RECORDED IN
100	100	VOLUME 2990, PAGE 579, OFFICIAL RECORDS, HIDALGO COUNTY, TEXAS,
101	101	REFERENCE TO WHICH IS HERE MADE FOR ALL PURPOSES AND BEING MORE
102	102	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
103	103	BEGINNING AT A 1/2" IRON ROD FOUND ON THE NORTH RIGHT OF WAY LINE OF
104	104	F.M. 2128 AND ON THE EAST LINE OF MULTI-PURPOSE FACILITY FOR
105	105	PRECINCT No. 4 SUBDIVISION FOR THE SOUTHEAST CORNER OF THIS TRACT,
106	106	SAID ROD BEARS NORTH, 50.00 FEET FROM THE SOUTHEAST CORNER OF
107	107	MULTI-PURPOSE FACILITY FOR PRECINCT No. 4 SUBDIVISION.
108	108	THENCE; N 8952'W, ALONG THE NORTH RIGHT OF WAY LINE OF F.M. 2128, A
109	109	DISTANCE OF 50.00 FEET TO A 1/2" IRON ROD 24" IN LENGTH WITH PLASTIC
110	110	CAP STAMPED RPLS 4856 SET FOR THE SOUTHWEST CORNER OF THIS TRACT.
111	111	THENCE; NORTH, A DISTANCE OF 379.88 FEET TO A 1/2" IRON ROD 24" IN
112	112	LENGTH WITH PLASTIC CAP STAMPED RPLS 4856 SET FOR THE NORTHWEST
113	113	CORNER OF THIS TRACT.
114	114	THENCE; EAST, A DISTANCE OF 50.00 FEET TO A 1/2" IRON ROD 24" IN
115	115	LENGTH WITH PLASTIC CAP STAMPED RPLS 4856 SET ON THE EAST LINE OF
116	116	THE MULTI-PURPOSE FACILITY FOR PRECINCT No. 4 SUBDIVISION FOR THE
117	117	NORTHEAST CORNER OF THIS TRACT.
118	118	THENCE; SOUTH, ALONG THE EAST LINE OF THE MULTI-PURPOSE FACILITY
119	119	FOR PRECINCT No. 4 SUBDIVISION, A DISTANCE OF 380.00 FEET TO THE
120	120	POINT OF BEGINNING AND CONTAINING 0.436 OF AN ACRE OF LAND MORE OR
121	121	LESS.
122	122	BEARINGS ARE IN ACCORDANCE WITH MULTI-PURPOSE FACILITY FOR PRECINCT
123	123	No. 4 SUBDIVISION, RECORDED IN VOLUME 27, PAGE 181, MAP RECORDS,
124	124	HIDALGO COUNTY, TEXAS.
125	125	SECTION 2. This Act takes effect immediately if it receives
126	126	a vote of two-thirds of all the members elected to each house, as
127	127	provided by Section 39, Article III, Texas Constitution. If this
128	128	Act does not receive the vote necessary for immediate effect, this
129	129	Act takes effect September 1, 2009.
130	130	______________________________ ______________________________
131	131	President of the Senate Speaker of the House
132	132	I certify that H.B. No. 1884 was passed by the House on April
133	133	28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
134	134	voting.
135	135	______________________________
136	136	Chief Clerk of the House
137	137	I certify that H.B. No. 1884 was passed by the Senate on May
138	138	26, 2009, by the following vote: Yeas 31, Nays 0.
139	139	______________________________
140	140	Secretary of the Senate
141	141	APPROVED: _____________________
142	142	Date
143	143	_____________________
144	144	Governor