By: Paddie (Senate Sponsor - Nichols) H.B. No. 1617
(In the Senate - Received from the House April 20, 2015;
May 4, 2015, read first time and referred to Committee on Criminal
Justice; May 21, 2015, reported favorably by the following vote:
Yeas 7, Nays 0; May 21, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to authorizing certain real property transactions
involving the Department of Public Safety of the State of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Subject to Subsections (b) and (c) of this
section, the Department of Public Safety of the State of Texas may
convey the real property described by Section 2 of this Act to the
First United Pentecostal Church, Center, Texas, in exchange for the
real property described by Section 3 of this Act conveyed by the
First United Pentecostal Church to the Department of Public Safety
of the State of Texas.
(b) The real property described by Section 2 of this Act may
not be conveyed by the Department of Public Safety of the State of
Texas to the First United Pentecostal Church unless the fair market
value of the real property described by Section 3 of this Act is
equal to or greater than the fair market value of the real property
described by Section 2 of this Act. The fair market value of the
real property must be established by an independent appraisal
obtained by the asset management division of the General Land
Office.
(c) In connection with the conveyance of the real property
described by Section 2 of this Act, the state shall reserve:
(1) the state's interest in all oil, gas, and other
minerals in and under the real property described by Section 2 of
this Act;
(2) the state's right to remove from the real property
described by Section 2 of this Act any oil, gas, and other minerals
in and under the real property; and
(3) the state's right to grant a lease held by the
state before a conveyance of the real property described by Section
2 of this Act relating to the removal of oil, gas, and other
minerals in and under the real property.
(d) The Department of Public Safety of the State of Texas
and the First United Pentecostal Church, Center, Texas, shall each
reimburse the General Land Office for an amount equal to one-half of
the fees and expenses incurred by the General Land Office in
connection with each conveyance of real property under this Act.
(e) Sections 31.1571, 31.158, and 31.159, Natural Resources
Code, do not apply to the exchange of real property authorized by
this Act.
SECTION 2. The real property held by the Department of
Public Safety of the State of Texas is land being situated in Shelby
County, Texas, and more particularly described as follows:
BEING 3.167 acres of land, more or less, out of the J. AMASON
Survey, Abstract No. 10, in Shelby County, Texas, and also being a
portion of and the same tract as described in a deed to the State of
Texas acting through the State Highway Commission from Dr. J. M.
Rogers and wife Cora M. Rogers, dated April 19, 1950, recorded in
Volume 292, Page 513, Deed Records of Shelby County, Texas; said
3.167 acres of land, more or less, is more particularly described by
metes and bounds as follows, to-wit:
BEGINNING at a junction of the East right of way line of the
new location of U. S. Highway 96 and the line between the tract
herein conveyed and a tract owned by L. F. Holder. Said junction
being N 74 deg. 16 min. E, 61.00 feet from Centerline Station
2481+39 of said U. S. Highway 96;
THENCE N 74 deg. 16 min. E, along said Holder line, 226.60
feet to a point for a corner, said point being the Northwest corner
of Mrs. Katheryn Walker's 2 acre tract;
THENCE S 13 deg. 02 min. E, along the West boundary line of
Mrs. Katheryn Walker and of the Stalling place 446.00 feet to a
point for a corner, said point being the Southwest corner of the
Stalling place;
THENCE S 18 deg. 44 min. W, 175.00 feet along fence to a point
for corner;
THENCE S 07 deg. 33 min. W, 81.00 feet along fence to a point
for a corner on Ewell Samford's North boundary line;
THENCE N 68 deg. 03 min. W, 154.99 feet along said Samford's
North line, to a point for a corner on the East right of way line of
said U. S. Highway 96, said point being S 68 deg. 03 min. E, 75.00
feet from Centerline Station 2476+18 of said highway;
THENCE N 10 deg. 54 min. W, 571.5 feet along the East right of
way line of said Highway to the place of beginning.
Said tract containing 3.167 acres of land.
SECTION 3. The real property held by the First United
Pentecostal Church is:
All that certain tract of land situated in Shelby County,
Texas, in the JESSE AMASON SURVEY, A-10, being all that land
conveyed from B. H. McCoy & wife, Archie Myrl McCoy to First United
Pentecostal Church in Center, Texas, Inc. and recorded in Volume
561 Page 745 of the Deed Records of Shelby County, Texas, and being
more particularly described as follows.
Note: in the following description
Bearings refer to Grid North of the Texas Coordinate System of 1983
(Central Zone 4203).
BEGINNING at a 5/8" Iron Rod set with cap stamped "FSE
ENGINEERING CENTER, TX" from which a Concrete Right-of-Way marker
bears S 28° 16' 09" E a distance of 466.04 feet, said 5/8" Iron Rod
also being the southwest corner of this property;
THENCE N 14° 21' 20" W with east right-of-way of U.S. Highway
96 a distance of 400.00 feet to a 5/8" Iron Rod set with cap stamped
"FSE ENGINEERING CENTER, TX";
THENCE N 71° 36' 30" E with the south line of the SECOND TRACT
conveyed to Lowell C. Hufferd and recorded in Volume 948 Page 608 of
the Official Public Records of Shelby County, Texas, at 308.20 feet
pass a 5/8" Iron Rod set for reference with cap stamped "FSE
ENGINEERING CENTER, TX" and at a total distance of 324.18 feet to a
point for corner in the centerline of County Road 2205;
THENCE S 19° 29' 22" E with the centerline of County Road 2205
a distance of 300.00 feet to a point for corner from which a 5/8"
Iron Rod set for reference with cap stamped "FSE ENGINEERING
CENTER, TX" bears S 56° 08' 40" W a distance of 30.29 feet;
THENCE S 56° 08' 40" W with the north line of a called 0.41
acre tract conveyed to Harold Bennet and recorded in Volume 1080
Page 103 of the Official Public Records of Shelby County, Texas, and
the north line of a called 3.5108 acre tract conveyed to Thomas
Howard and recorded in Volume 800 Page 652 of the Real Property
Records of Shelby County, Texas, a distance of 371.53 feet to the
Point of Beginning being 2.724 acres more or less.
SECTION 4. 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, 2015.
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