85R23074 MTB/BEE-D
By: Pickett H.B. No. 3689
Substitute the following for H.B. No. 3689:
By: Morrison C.S.H.B. No. 3689
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Department of Motor Vehicles
over real property and to the transfer of specific property from the
Texas Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2165.007(b), Government Code, as amended
by Chapters 247 (S.B. 836) and 932 (H.B. 2206), Acts of the 84th
Legislature, Regular Session, 2015, is reenacted and amended to
read as follows:
(b) Notwithstanding any other law, the commission shall
provide facilities management services in relation to all state
agency facilities in Travis County or a county adjacent to Travis
County. The commission's duty does not apply to:
(1) a facility owned or operated by an institution of
higher education;
(2) military facilities;
(3) facilities owned or operated by the Texas
Department of Criminal Justice;
(4) facilities owned or operated by the Texas Juvenile
Justice Department;
(5) facilities owned or operated by the Texas
Department of Transportation;
(6) the Capitol, including the Capitol Extension, the
General Land Office building, the Bob Bullock Texas State History
Museum, any museum located on the Capitol grounds, the Governor's
Mansion, and any property maintained by the Texas Historical
Commission under Sections 442.0072 and 442.0073;
(7) a facility determined by the commission to be
completely residential;
(8) a regional or field office of a state agency;
(9) a facility located within or on state park
property;
(10) the property known as the Finance Commission
Building described by deed recorded in Volume 5080, Page 1099, of
the Deed Records of Travis County, Texas;
(11) the property known as the Credit Union Department
Building described by deed recorded in Volume 6126, Page 27, of the
Deed Records of Travis County, Texas; [or]
(12) the property known as the Texas State Cemetery
described as 17.376 acres located at 801 Comal, Lot 5, Division B,
City of Austin, Travis County, Texas; or
(13) facilities owned or operated by the Texas
Department of Motor Vehicles.
SECTION 2. Section 2166.003(a), Government Code, is amended
to read as follows:
(a) Unless otherwise provided, this chapter does not apply
to:
(1) a project constructed by and for the Texas
Department of Transportation;
(2) a project constructed by and for a state
institution of higher education;
(3) a pen, shed, or ancillary building constructed by
and for the Department of Agriculture for the processing of
livestock before export;
(4) a project constructed by the Parks and Wildlife
Department;
(5) a repair or rehabilitation project, except a major
renovation, of buildings and grounds on the commission inventory;
(6) a repair and rehabilitation project of another
using agency, if all labor for the project is provided by the
regular maintenance force of the using agency under specific
legislative authorization and the project does not require the
advance preparation of working plans or drawings;
(7) a repair and rehabilitation project involving the
use of contract labor, if the project has been excluded from this
chapter by commission rule and does not require the advance
preparation of working plans or drawings;
(8) an action taken by the Texas Commission on
Environmental Quality under Subchapter F or I, Chapter 361, Health
and Safety Code;
(9) a repair, rehabilitation, or construction project
on property owned by the Texas Department of Housing and Community
Affairs or the Texas State Affordable Housing Corporation;
(10) a project constructed by and for the Veterans'
Land Board; [or]
(11) a project constructed by and for the Texas
Historical Commission; or
(12) a project constructed by and for the Texas
Department of Motor Vehicles.
SECTION 3. Section 2167.001(b), Government Code, is amended
to read as follows:
(b) This chapter does not apply to:
(1) radio antenna space;
(2) residential space for a Texas Department of Mental
Health and Mental Retardation program;
(3) residential space for a Texas Juvenile Justice
Department program;
(4) space to be used for less than one month for
meetings, conferences, conventions, seminars, displays,
examinations, auctions, or similar purposes;
(5) district office space for members of the
legislature;
(6) space used by the Texas Workforce Commission;
(7) residential property acquired by the Texas
Department of Housing and Community Affairs or the Texas State
Affordable Housing Corporation that is offered for sale or rental
to individuals and families of low or very low income or families of
moderate income;
(8) except as provided by Section 2167.007, space for
a university system or institution of higher education; [or]
(9) space leased by the Texas Veterans Commission to
administer the veterans employment services program; or
(10) space for the Texas Department of Motor Vehicles.
SECTION 4. Chapter 1001, Transportation Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. AUTHORITY REGARDING REAL PROPERTY
Sec. 1001.201. OWNERSHIP, CONTROL, MAINTENANCE,
IMPROVEMENT, AND DISPOSITION OF REAL PROPERTY. (a)
Notwithstanding Chapters 2165, 2166, and 2167, Government Code, or
any other law, the department may own, control, manage, maintain,
improve, lease, pledge, encumber, trade, sell, transfer, and
otherwise dispose of real property, including improvements.
(b) If requested by the department, the General Land Office
shall negotiate and close a sale of real property under this section
on behalf of the department using procedures under Section
31.158(c), Natural Resources Code, except that the General Land
Office is not required to offer the School Land Board the first
option to purchase the real property.
(c) Revenue from the lease, encumbrance, sale, trade,
transfer, or other disposition of real property under this section
shall be deposited to the credit of the Texas Department of Motor
Vehicles fund for the use and benefit of the department.
(d) The expenses incurred by the General Land Office in
conducting a real estate transaction under this section, including
the payment of reasonable brokerage fees, may be deducted from the
proceeds of the transaction before the proceeds are deposited to
the credit of the Texas Department of Motor Vehicles fund.
Sec. 1001.202. CONTRACT AUTHORITY. (a) Notwithstanding
Chapters 2165, 2166, and 2167, Government Code, or any other law,
the department may enter into a contract regarding the management,
maintenance, design, construction, rehabilitation, repair,
renovation, improvement, inspection, lease, pledge, encumbrance,
trade, sale, transfer, or other disposition of real property,
including improvements, under this subchapter.
(b) The department shall comply with the requirements and
processes in Chapters 2165, 2166, and 2167, Government Code, to the
extent feasible, except that the department shall comply with a
requirement that expressly applies to a state agency that is exempt
from Chapter 2166, Government Code, under Section 2166.003 of that
code. Although the department is not required to use the services
of the Texas Facilities Commission, the department may use services
provided under Sections 2165.056, 2166.005, and 2167.007,
Government Code.
SECTION 5. (a) The Texas Department of Transportation may
transfer all or part of the property described by Subsection (f) of
this section to the Texas Department of Motor Vehicles.
(b) The Texas Department of Transportation may sell any part
of the property described by Subsection (f) of this section that is
not transferred to the Texas Department of Motor Vehicles under
Subsection (a) of this section to one or more financial regulatory
agencies, as defined by Section 16.001, Finance Code, under terms
that are acceptable to the parties.
(c) Subchapter B, Chapter 202, Transportation Code, does
not apply to a transfer or sale of property under this section of
this Act. Any revenue from the sale of property under this section
of this Act shall be deposited in the state highway fund.
(d) The Texas Department of Transportation must transfer
any property transferred or sold under this section of this Act by
an appropriate transfer instrument. The transfer instrument must
include a legal description of the property to be transferred.
(e) Any agency to which real property is transferred or sold
under this section of this Act is responsible for the recordation of
the transfer instrument.
(f) The real property to which Subsection (a) of this
section refers consists of the following two tracts of land:
BEING A 7.5138 ACRES [327,300 SQUARE FEET] TRACT OF LAND, MORE OR
LESS, IN THE WILLIAM PORTER SURVEY, ABSTRACT NO. 7, GEORGE W. SPEAR
LEAGUE, CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF
A TRACT OF LAND DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN
BOOK 261, PAGE 134 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS
(D.R.T.C.T.), SAID 7.5138 ACRE TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF
SAID STATE OF TEXAS TRACT, SAME BEING IN THE WEST RIGHT-OF-WAY
(R.O.W.) LINE OF JACKSON STREET (A VARIABLE WIDTH R.O.W.), HAVING A
SURFACE COORDINATE OF NORTH 10,088,522.008, EAST 3,110,296.848;
1) THENCE SOUTH 04°31'15" WEST ALONG THE EAST LINE OF SAID
STATE OF TEXAS TRACT AND THE COMMON WEST R.O.W LINE OF SAID JACKSON
STREET, A DISTANCE OF 951.21 FEET TO A MAG NAIL WITH WASHER STAMPED
"LAMB-STAR TBPLS#10048300" SET IN ASPHALT;
2) THENCE NORTH 85°29'55" WEST DEPARTING SAID COMMON LINE
AND OVER AND ACROSS SAID STATE OF TEXAS TRACT, A DISTANCE OF 323.74
FEET TO A 3 1/4 INCH ALUMINUM DISC STAMPED "TEXAS DEPT OF
TRANSPORTATION" SET IN CONCRETE IN THE WEST LINE OF SAID STATE OF
TEXAS TRACT, SAME BEING THE EAST R.O.W. LINE OF MO-PAC EXPRESSWAY
(LOOP 1, VARIABLE WIDTH R.O.W.) DESCRIBED IN DEED TO THE STATE OF
TEXAS, RECORDED IN VOLUME 6823, PAGE 637 D.R.T.C.T.;
3) THENCE NORTH 03°23'50" EAST ALONG THE WEST LINE OF SAID
STATE OF TEXAS TRACT AND THE COMMON EAST R.O.W LINE OF SAID MO-PAC
EXPRESSWAY (LOOP 1), A DISTANCE OF 6.95 FEET TO A 4 INCH BRASS DISC
STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN
CONCRETE;
4) THENCE NORTH 04°49'47" EAST CONTINUING ALONG SAID COMMON
LINE, A DISTANCE OF 1080.01 FEET TO A 4 INCH BRASS DISC STAMPED
"TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE FOR THE
NORTHWEST CORNER OF SAID STATE OF TEXAS TRACT, SAME BEING THE SOUTH
LINE OF WESTMINSTER MANOR LOT 1, BLOCK A, AN ADDITION TO THE CITY OF
AUSTIN, ACCORDING TO THE PLAT THEREOF RECORDED IN INSTRUMENT NUMBER
200600340 D.R.T.C.T., FROM WHICH A 4 INCH BRASS DISC STAMPED "TEXAS
DEPARTMENT OF TRANSPORTATION R.O.W." FOUND BEARS NORTH 62°07'46"
WEST, A DISTANCE OF 12.91 FEET;
5) THENCE SOUTH 62° 23' 09" EAST DEPARTING SAID COMMON LINE
AND ALONG THE NORTH LINE OF SAID STATE OF TEXAS TRACT AND THE COMMON
SOUTH LINE OF SAID WESTMINSTER MANOR LOT 1, BLOCK A, A DISTANCE OF
345.76 FEET TO THE POINT OF BEGINNING AND CONTAINING 7.5138 ACRES
[327,300 SQUARE FEET] OF LAND, MORE OR LESS.
TRACT 2
BEING A 7.5823 ACRES [330,284 SQUARE FEET] TRACT OF LAND, MORE OR
LESS, IN THE WILLIAM PORTER SURVEY, ABSTRACT NO. 7, GEORGE W. SPEAR
LEAGUE, CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF
A TRACT OF LAND DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN
BOOK 261, PAGE 134 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS
(D.R.T.C.T,), SAID 7.5823 ACRE TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 1/2 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF
SAID STATE OF TEXAS TRACT, SAME BEING IN THE WEST RIGHT-OF-WAY
(R.O.W.) LINE OF JACKSON STREET (A VARIABLE WIDTH R.O.W.);
THENCE SOUTH 04°31'15" WEST ALONG THE EAST LINE OF SAID STATE OF
TEXAS TRACT AND THE COMMON WEST R.O.W LINE OF SAID JACKSON STREET, A
DISTANCE OF 951.21 FEET TO A MAG NAIL WITH WASHER STAMPED "LAMB-STAR
TBPLS#10048300" SET IN ASPHALT FOR THE POINT OF BEGINNING, HAVING A
SURFACE COORDINATE OF NORTH 10,087,573.756, EAST 3,110,221.872;
1) THENCE SOUTH 04°31'15" WEST CONTINUING ALONG SAID COMMON
LINE, PASSING A 4 INCH BRASS DISC STAMPED "TEXAS HIGHWAY DEPARTMENT
R.O.W." FOUND, AT A DISTANCE OF 636.60 FEET, CONTINUING IN ALL A
TOTAL DISTANCE OF 1043.34 FEET TO A 4 INCH BRASS DISC STAMPED "TEXAS
DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE IN THE NEW
NORTH R.O.W. LINE OF WEST 35TH STREET (AVARIABLE WIDTH R.O.W.)
DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN VOLUME 6823,
PAGE 637 D.R.T.C.T.;
2) THENCE NORTH 80°50'24" WEST DEPARTING SAID COMMON LINE
AND OVER AND ACROSS SAID STATE OF TEXAS TRACT AND ALONG THE NEW
NORTH R.O.W. LINE OF WEST 35TH STREET, A DISTANCE OF 320.77 FEET TO
A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION
R.O.W." SET IN CONCRETE IN THE WEST LINE OF SAID STATE OF TEXAS
TRACT, SAME BEING THE EAST R.O.W. LINE OF MO-PAC EXPRESSWAY (LOOP 1,
VARIABLE WIDTH R.O.W.) DESCRIBED IN DEED TO THE STATE OF TEXAS,
RECORDED IN VOLUME 6823, PAGE 637 D.R.T.C.T.;
3) THENCE NORTH 04°01'11" EAST ALONG THE WEST LINE OF SAID
STATE OF TEXAS TRACT AND THE COMMON EAST R.O.W LINE OF SAID MO-PAC
EXPRESSWAY (LOOP 1), A DISTANCE OF 374.34 FEET TO A 4 INCH BRASS
DISC STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN
CONCRETE;
4) THENCE NORTH 05°50'15" EAST CONTINUING ALONG SAID COMMON
LINE, A DISTANCE OF 205.75 FEET TO A 4 INCH BRASS DISC STAMPED
"TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE;
5) THENCE NORTH 04°49'47" EAST CONTINUING ALONG SAID COMMON
LINE, A DISTANCE OF 124.25 FEET TO A 4 INCH BRASS DISC STAMPED
"TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE;
6) THENCE NORTH 03°23'50" EAST CONTINUING ALONG SAID COMMON
LINE, A DISTANCE OF 313.07 FEET TO A 3 1/4 INCH ALUMINUM DISC
STAMPED "TEXAS DEPT OF TRANSPORTATION" SET IN CONCRETE;
7) THENCE SOUTH 85° 29' 55" EAST DEPARTING SAID COMMON LINE
AND OVER AND ACROSS SAID STATE OF TEXAS TRACT, A DISTANCE OF 323.74
FEET TO THE POINT OF BEGINNING AND CONTAINING 7.5823 ACRES [330,284
SQUARE FEET] OF LAND, MORE OR LESS.
SECTION 6. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. 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, 2017.