By: Jackson S.B. No. 1953
(In the Senate - Filed March 12, 2009; March 24, 2009, read
first time and referred to Committee on Criminal Justice;
April 24, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 4, Nays 0; April 24, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1953 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the transfer of certain real property held
by the Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. AUTHORIZATION FOR TRANSFER. (a) Not later than
January 1, 2010, the Texas Department of Criminal Justice shall
transfer to Brazoria County the real property specified in Section
2 of this Act.
(b) Consideration for the transfer authorized by Subsection
(a) of this section shall be in the form of an agreement between the
parties that requires Brazoria County to use the property in a
manner that primarily promotes a public purpose that benefits the
public interest of the state.
(c) If Brazoria County fails to use the property in the
manner described by an agreement under Subsection (b) of this
section for more than 180 continuous days, ownership of the
property automatically reverts to the Texas Department of Criminal
Justice.
(d) The Texas Department of Criminal Justice shall transfer
the property to Brazoria County by an appropriate instrument of
transfer. The instrument of transfer must include a provision
that:
(1) requires Brazoria County to use the property in a
manner that primarily promotes a public purpose that benefits the
public interest of the state; and
(2) indicates that ownership of the property
automatically reverts to the Texas Department of Criminal Justice
if Brazoria County no longer uses the property in a manner that
primarily promotes a public purpose that benefits the public
interest of the state.
SECTION 2. PROPERTY DESCRIPTION. The Texas Department of
Criminal Justice property to be transferred as provided by Section
1 of this Act consists of approximately 332 acres, more or less,
being part of that 7,424.4 tract or parcel of land conveyed to the
Prison Commission of the State of Texas as recorded in Book 145,
Page 242 of the Deed Records Brazoria County, Texas, said 332 acres,
more or less, being out of the Jared E. Groce grant in Brazoria
County, Texas, near Angleton, Texas, bounded by the Brazoria County
Airport property to the West and State Highway 288 to the East, the
northern boundary being the northern boundary of the said 7,424.4
tract or parcel of land, the southern boundary being the northern
boundary of a tract or parcel of land conveyed to RH Retrieve, Ltd.
as recorded as Document # 2007018866 in the Official Public Records
of Brazoria County, Texas.
SECTION 3. AUTHORIZATION FOR TRANSFER. (a) Not later than
October 31, 2010, the Texas Department of Criminal Justice shall
transfer to the City of Houston the real property specified in
Section 4 of this Act, including any improvements affixed to the
property.
(b) Consideration for the transfer authorized by Subsection
(a) of this section shall be in the form of an agreement between the
parties that requires the City of Houston to use the property in a
manner that primarily promotes a public purpose that benefits the
public interest of the state.
(c) If the City of Houston fails to use the property in the
manner described by an agreement under Subsection (b) of this
section for more than 180 continuous days, ownership of the
property automatically reverts to the Texas Department of Criminal
Justice.
(d) The Texas Department of Criminal Justice shall transfer
the property to the City of Houston by an appropriate instrument of
transfer. The instrument of transfer must include a provision
that:
(1) requires the City of Houston to use the property in
a manner that primarily promotes a public purpose that benefits the
public interest of the state; and
(2) indicates that ownership of the property
automatically reverts to the Texas Department of Criminal Justice
if the City of Houston no longer uses the property in a manner that
primarily promotes a public purpose that benefits the public
interest of the state.
SECTION 4. PROPERTY DESCRIPTION. The Texas Department of
Criminal Justice property to be transferred as provided by Section
3 of this Act is described as follows:
Being a tract or parcel containing 0.0204 acre (888 square
feet) of land situated in the H. Reinerman Survey, Abstract Number
644, City of Houston, Harris County, Texas, being out of and a part
of Tract 1, Block 2 of BROOKHOLLOW/HOUSTON, SECTION ONE, a
subdivision of record in Volume 144, Page 79, Harris County Map
Records (H.C.M.R.), out of and a part of Tract 2, Block 2 of
BROOKHOLLOW/HOUSTON, SECTION TWO, a subdivision of record in Volume
148, Page 33, H.C.M.R., and being out of and a part of a called
197,847 square foot tract conveyed to the State of Texas Department
of Public Safety (State of Texas) by deed recorded under Harris
County Clerks File (H.C.C.F.) Number C580248, said 0.0204 acre
tract being more particularly described as follows (bearings are
oriented to the bearing base reflected in the record plat of said
BROOKHOLLOW/HOUSTON, SECTION ONE):
BEGINNING at a mag nail found marking the easterly corner of a
called 0.0650 acre tract conveyed to the City of Houston by deed
recorded under H.C.C.F. Number X311063, said nail marking the
northerly corner of the herein described tract;
THENCE, South 4454'53" East, over and across said 197,847
square foot tract, a distance of 17.50 feet to a PK Nail set marking
the easterly corner of the herein described tract
THENCE, South 4505'07" West, over and across said 197,847
square foot tract, a distance of 50.75 feet to a PK Nail set marking
the southerly corner of the herein described tract;
THENCE, North 4454'53" West, over and across said 197,847
square foot tract, a distance of 17.50 feet to a Mag Nail found
marking the southerly corner of said 0.0650 acre tract and marking
the westerly corner of the herein described tract;
THENCE, North 4505'07" East, along the southeasterly line of
said 0.0650 acre tract, a distance of 50.75 feet to the POINT OF
BEGINNING and containing 0.204 acre (888 square feet) of land.
SECTION 5. EFFECTIVE DATE. This Act takes effect September
1, 2009.
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