Texas 2011 - 82nd Regular

Texas Senate Bill SB1058 Compare Versions

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Old	New	Differences
1	1	By: Nichols S.B. No. 1058
2	2	(White)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the transfer of certain state property from the
8	8	Department of Aging and Disability Services to the Angelina and
9	9	Neches River Authority.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. (a) The Department of Aging and Disability
12	12	Services shall transfer to the Angelina and Neches River Authority
13	13	the real property described by Section 2 of this Act:
14	14	(1) including improvements to the property; and
15	15	(2) excluding the mineral interests in and under the
16	16	property.
17	17	(b) Consideration for the transfer authorized by Subsection
18	18	(a) of this section shall be in the form of an agreement between the
19	19	Department of Aging and Disability Services and the Angelina and
20	20	Neches River Authority that requires the Angelina and Neches River
21	21	Authority to use the property in a manner that primarily promotes a
22	22	public purpose of the state by using the property to manage water
23	23	resources.
24	24	(c) If the Angelina and Neches River Authority fails to use
25	25	the property in the manner described by an agreement under
26	26	Subsection (b) of this section for more than 180 continuous days,
27	27	ownership of the property automatically reverts to the Department
28	28	of Aging and Disability Services.
29	29	(d) The Department of Aging and Disability Services shall
30	30	transfer the property by a deed that:
31	31	(1) describes the property to be transferred by metes
32	32	and bounds;
33	33	(2) is without warranties regarding covenants of
34	34	title;
35	35	(3) includes a provision that:
36	36	(A) requires the Angelina and Neches River
37	37	Authority to use the property in a manner that primarily promotes a
38	38	public purpose of the state by using the property to manage water
39	39	resources; and
40	40	(B) indicates that ownership of the property
41	41	automatically reverts to the Department of Aging and Disability
42	42	Services if the Angelina and Neches River Authority fails to use the
43	43	property as described by Subsection (b) of this section for more
44	44	than 180 continuous days; and
45	45	(4) reserves the state's interest in and right to
46	46	remove all oil, gas, and other minerals in and under the real
47	47	property described by Section 2 of this Act.
48	48	(e) Sections 533.084 and 533.087, Health and Safety Code,
49	49	and Sections 31.1571 and 31.158, Natural Resources Code, do not
50	50	apply to a transfer of real property authorized by this Act.
51	51	SECTION 2. The Department of Aging and Disability Services
52	52	shall transfer to the Angelina and Neches River Authority the real
53	53	property described as follows:
54	54	Being all that certain tract or parcel of land lying and situated in
55	55	Angelina County, Texas and being in the John D. Gann Survey,
56	56	Abstract No. 291, being a part or portion of that certain called '
57	57	Tract No. One' as recorded in the Deed Records of Angelina County,
58	58	Texas (DROACT) in volume 288 on page 50 from Angelina Chamber of
59	59	Commerce to The State of Texas, dated November 21, 1963, to which
60	60	reference is hereby made for any and all purposes, and being more
61	61	fully described by metes and bounds as follows to-wit:
62	62	Commencing at a 1/2 in. iron pipe found for the Southwest
63	63	corner of the aforesaid referred to 'Tract No. One', said point
64	64	being the Southeast corner of a called 9.6519 acre tract of TV - 3,
65	65	Inc., as recorded in the DROACT in volume 763 on page 422, said
66	66	point being the POINT OF BEGINNING and from which point, a 1/2 in.
67	67	iron pipe found for angle corner on the East boundary line of said
68	68	9.6519 acre tract, bears N 22° 45' 00" E - 533.08 feet;
69	69	Thence with the West boundary line of said 'Tract No. One' and
70	70	East boundary line of the said 9.6519 acre tract, N 22° 45' 00" E, at
71	71	a distance of 85.29 feet, a point for corner;
72	72	Thence across the said 'Tract No. One' and along a line 20
73	73	feet parallel to a chain link fence along the Northeastern
74	74	enclosure of a Sanitary Sewer Lift Station, S 37° 11' 39" E, at a
75	75	distance of 98.74 feet, intersect the South boundary line of the
76	76	said 'Tract No. One', a point for corner;
77	77	Thence with the South boundary line of the said 'Tract No.
78	78	One' and with in part the North boundary line of that certain called
79	79	3.07 acre tract of the State of Texas as recorded in the DROACT in
80	80	volume 260 on page 215, called 'Tract 4', N 90° 00' 00" W, at a
81	81	distance of 92.68 feet, the POINT OF BEGINNING, said described
82	82	tract containing 0.08368 acre, more or less. (note: the base
83	83	bearing for this metes and bounds description is the West line of
84	84	the said State of Texas 'Tract No. One' as recorded in volume 288 on
85	85	page 50 of the Deed Records of Angelina County, Texas (N 22° 45' 0"
86	86	E)).
87	87	SECTION 3. This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2011.