Texas 2009 - 81st Regular

Texas Senate Bill SB1953 Compare Versions

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1	1	81R35195 UM-D
2	2	By: Jackson S.B. No. 1953
3	3	Substitute the following for S.B. No. 1953:
4	4	By: Paxton C.S.S.B. No. 1953
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to authorizing the transfer of certain real property held
10	10	by the Texas Department of Criminal Justice.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. AUTHORIZATION FOR TRANSFER. (a) Not later than
13	13	January 1, 2010, the Texas Department of Criminal Justice shall
14	14	transfer to Brazoria County the real property specified in Section
15	15	2 of this Act.
16	16	(b) Consideration for the transfer authorized by Subsection
17	17	(a) of this section shall be in the form of an agreement between the
18	18	parties that requires Brazoria County to use the property in a
19	19	manner that primarily promotes a public purpose that benefits the
20	20	public interest of the state.
21	21	(c) If Brazoria County fails to use the property in the
22	22	manner described by an agreement under Subsection (b) of this
23	23	section for more than 180 continuous days, ownership of the
24	24	property automatically reverts to the Texas Department of Criminal
25	25	Justice.
26	26	(d) The Texas Department of Criminal Justice shall transfer
27	27	the property to Brazoria County by an appropriate instrument of
28	28	transfer. The instrument of transfer must include a provision
29	29	that:
30	30	(1) requires Brazoria County to use the property in a
31	31	manner that primarily promotes a public purpose that benefits the
32	32	public interest of the state;
33	33	(2) indicates that ownership of the property
34	34	automatically reverts to the Texas Department of Criminal Justice
35	35	if Brazoria County no longer uses the property in a manner that
36	36	primarily promotes a public purpose that benefits the public
37	37	interest of the state; and
38	38	(3) excludes from the transfer all mineral interests
39	39	in and under the property and prohibits any exploration, drilling,
40	40	or other similar intrusion on the property related to mineral
41	41	interests.
42	42	SECTION 2. PROPERTY DESCRIPTION. The Texas Department of
43	43	Criminal Justice property to be transferred as provided by Section
44	44	1 of this Act consists of approximately 332 acres, more or less,
45	45	being part of that 7,424.4 tract or parcel of land conveyed to the
46	46	Prison Commission of the State of Texas as recorded in Book 145,
47	47	Page 242 of the Deed Records Brazoria County, Texas, said 332 acres,
48	48	more or less, being out of the Jared E. Groce grant in Brazoria
49	49	County, Texas, near Angleton, Texas, bounded by the Brazoria County
50	50	Airport property to the West and State Highway 288 to the East, the
51	51	northern boundary being the northern boundary of the said 7,424.4
52	52	tract or parcel of land, the southern boundary being the northern
53	53	boundary of a tract or parcel of land conveyed to RH Retrieve, Ltd.
54	54	as recorded as Document # 2007018866 in the Official Public Records
55	55	of Brazoria County, Texas.
56	56	SECTION 3. AUTHORIZATION FOR TRANSFER. (a) Not later than
57	57	October 31, 2010, the Texas Department of Criminal Justice shall
58	58	transfer to the City of Houston the real property specified in
59	59	Section 4 of this Act, including any improvements affixed to the
60	60	property.
61	61	(b) Consideration for the transfer authorized by Subsection
62	62	(a) of this section shall be in the form of an agreement between the
63	63	parties that requires the City of Houston to use the property in a
64	64	manner that primarily promotes a public purpose that benefits the
65	65	public interest of the state.
66	66	(c) If the City of Houston fails to use the property in the
67	67	manner described by an agreement under Subsection (b) of this
68	68	section for more than 180 continuous days, ownership of the
69	69	property automatically reverts to the Texas Department of Criminal
70	70	Justice.
71	71	(d) The Texas Department of Criminal Justice shall transfer
72	72	the property to the City of Houston by an appropriate instrument of
73	73	transfer. The instrument of transfer must include a provision
74	74	that:
75	75	(1) requires the City of Houston to use the property in
76	76	a manner that primarily promotes a public purpose that benefits the
77	77	public interest of the state;
78	78	(2) indicates that ownership of the property
79	79	automatically reverts to the Texas Department of Criminal Justice
80	80	if the City of Houston no longer uses the property in a manner that
81	81	primarily promotes a public purpose that benefits the public
82	82	interest of the state; and
83	83	(3) excludes from the transfer all mineral interests
84	84	in and under the property and prohibits any exploration, drilling,
85	85	or other similar intrusion on the property related to mineral
86	86	interests.
87	87	SECTION 4. PROPERTY DESCRIPTION. The Texas Department of
88	88	Criminal Justice property to be transferred as provided by Section
89	89	3 of this Act is described as follows:
90	90	Being a tract or parcel containing 0.0204 acre (888 square
91	91	feet) of land situated in the H. Reinerman Survey, Abstract Number
92	92	644, City of Houston, Harris County, Texas, being out of and a part
93	93	of Tract 1, Block 2 of BROOKHOLLOW/HOUSTON, SECTION ONE, a
94	94	subdivision of record in Volume 144, Page 79, Harris County Map
95	95	Records (H.C.M.R.), out of and a part of Tract 2, Block 2 of
96	96	BROOKHOLLOW/HOUSTON, SECTION TWO, a subdivision of record in Volume
97	97	148, Page 33, H.C.M.R., and being out of and a part of a called
98	98	197,847 square foot tract conveyed to the State of Texas Department
99	99	of Public Safety (State of Texas) by deed recorded under Harris
100	100	County Clerks File (H.C.C.F.) Number C580248, said 0.0204 acre
101	101	tract being more particularly described as follows (bearings are
102	102	oriented to the bearing base reflected in the record plat of said
103	103	BROOKHOLLOW/HOUSTON, SECTION ONE):
104	104	BEGINNING at a mag nail found marking the easterly corner of a
105	105	called 0.0650 acre tract conveyed to the City of Houston by deed
106	106	recorded under H.C.C.F. Number X311063, said nail marking the
107	107	northerly corner of the herein described tract;
108	108	THENCE, South 4454'53" East, over and across said 197,847
109	109	square foot tract, a distance of 17.50 feet to a PK Nail set marking
110	110	the easterly corner of the herein described tract
111	111	THENCE, South 4505'07" West, over and across said 197,847
112	112	square foot tract, a distance of 50.75 feet to a PK Nail set marking
113	113	the southerly corner of the herein described tract;
114	114	THENCE, North 4454'53" West, over and across said 197,847
115	115	square foot tract, a distance of 17.50 feet to a Mag Nail found
116	116	marking the southerly corner of said 0.0650 acre tract and marking
117	117	the westerly corner of the herein described tract;
118	118	THENCE, North 4505'07" East, along the southeasterly line of
119	119	said 0.0650 acre tract, a distance of 50.75 feet to the POINT OF
120	120	BEGINNING and containing 0.204 acre (888 square feet) of land.
121	121	SECTION 5. EFFECTIVE DATE. This Act takes effect
122	122	immediately if it receives a vote of two-thirds of all the members
123	123	elected to each house, as provided by Section 39, Article III, Texas
124	124	Constitution. If this Act does not receive the vote necessary for
125	125	immediate effect, this Act takes effect September 1, 2009.