By: Kolkhorst (Senate Sponsor - Ogden) H.B. No. 4438
(In the Senate - Received from the House May 18, 2009;
May 19, 2009, read first time and referred to Committee on Natural
Resources; May 23, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 23, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 4438 By: Averitt
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain state property from the Texas
Department of Criminal Justice to the Texas Forest Service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Not later than November 1, 2009, the Texas
Department of Criminal Justice shall transfer to the Texas Forest
Service the real property described by Subsection (e) of this
section.
(b) The Texas Forest Service shall use the property
transferred under this Act only for a purpose that benefits the
public interest of the state. If the Texas Forest Service uses the
property for any purpose other than a purpose that benefits the
public interest of the state, ownership of the property
automatically reverts to the Texas Department of Criminal Justice.
(c) The Texas Department of Criminal Justice shall transfer
the property by an appropriate instrument of transfer. The
instrument of transfer must:
(1) provide that:
(A) the Texas Forest Service use the property
only for a purpose that benefits the public interest of the state;
and
(B) ownership of the property will automatically
revert to the Texas Department of Criminal Justice if the Texas
Forest Service uses the property for any purpose other than a
purpose that benefits the public interest of the state; and
(2) describe the property to be transferred by metes
and bounds.
(d) The Texas Department of Criminal Justice shall retain
custody of the instrument of transfer after the instrument of
transfer is filed in the real property records of Walker County.
(e) The real property referred to in this section is
described as follows:
Being 2.536 acres of land, more or less, situated in the City
of Huntsville, WARREN BIRDSELL SURVEY, Abstract No. 6 and P. GRAY
SURVEY, Abstract No. 24, Walker County, Texas and being all of the
following tracts or parcels of land: a). a 0.341 acre tract out of
and a part of a called 515 acre tract as described in a Deed from Ed
H. Cunningham, et al to the State of Texas (Texas Department of
Corrections), dated June 23, 1883 and recorded in Volume Y, Page
181, Deed Records; and b). being all of a 2.19 acre tract as
described in an Instrument from the Texas Department of Corrections
to the Board of Regents of the Texas A & M University System for the
use of the Texas Forest Service, as recorded in Volume 84, Page 783,
Official Records, said two tracts being more definitely described
as one contiguous tract of 2.536 acres as follows:
BEGINNING at the northwest corner of said 2.19 acre tract,
same being the northeast corner of said 0.341 acre tract and also
being the south right-of-way of State Highway 75, as per Volume 209,
Page 707, Deed Records, found a 5/8" iron rod;
THENCE S7535'14"E (2.19 acre call-S7323'00"E-250.00 feet),
with the north line of said 2.19 acre tract and the south line of
said S. H. 75, for a distance of 250.00 feet to the northeast corner
of said 2.19 acre tract, found a 5/8" iron rod;
THENCE S1422'46"W, with the east line of said 2.19 acre
tract, for a distance of 453.60 feet to its southeast corner, same
being the called and apparent northeast right-of-way line of
Interstate Highway 45, as per Deed from the Texas Prison Board to
the State of Texas, recorded in Volume 158, Page 177 (Tract No. 1,
call 55.13 acres), Deed Records, found a 5/8" iron rod, from which a
concrete right-of-way monument, found for reference only, bears
S4557'14"E-0.15 feet;
THENCE N4557'14"W (2.19 acre call-N4345'00"W-287.70 feet),
with the southwest line of said 2.19 acre tract and the called and
apparent northeast line of said I.H. 45, at 287.70 feet pass a point
for the southwest corner of said 2.19 acre tract, same being the
southeast corner of said 0.341 acre tract, continuing for a total
distance of 345.23 feet to the southwest corner of said 0.341 acre
tract, same being the east line of a 1-1/2 acre tract as described
in a Transfer of Title from the Texas Board of Corrections to the
Texas Department of Public Safety, recorded in Volume 391, Page
724, Deeds Records, and further evidenced by an unrecorded survey
(called 1.500 acres) by N. B. Davidson, Jr., RPLS No. 2066, dated
June, 1982, set a 5/8" iron rod with an orange, plastic cap, marked
"RPLS-4066";
THENCE N1422'38"E (1-1/2 acre call-N1637'E-289.50 feet),
with the west line of said 0.341 acre tract and the east line of said
1-1/2 acre tract, for a distance of 282.93 feet to the northwest
corner of said 0.341 acre tract, same being the northeast corner of
said 1-1/2 acre tract, found a 1/2" iron rod in the called south
right-of-way of said S.H. 75;
THENCE S7535'14"E, with the north line of said 0.341 acre
tract and the called south line of said S.H. 75, for a distance of
50.00 feet to the PLACE OF BEGINNING.
NOTE: Bearings referenced to the called north line of said
2.19 acre tract (S7535'14'E) in Volume 412, Page 149, Official
Records.
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.
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