Texas 2017 - 85th Regular

Texas Senate Bill SB1349 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Watson S.B. No. 1349
2		-	(Pickett)
	1	+	S.B. No. 1349
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the authority of the Texas Department of Motor Vehicles
8	6		over real property and to the transfer of specific property from the
9	7		Texas Department of Transportation.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Section 2165.007(b), Government Code, as amended
12	10		by Chapters 247 (S.B. 836) and 932 (H.B. 2206), Acts of the 84th
13	11		Legislature, Regular Session, 2015, is reenacted and amended to
14	12		read as follows:
15	13		(b) Notwithstanding any other law, the commission shall
16	14		provide facilities management services in relation to all state
17	15		agency facilities in Travis County or a county adjacent to Travis
18	16		County. The commission's duty does not apply to:
19	17		(1) a facility owned or operated by an institution of
20	18		higher education;
21	19		(2) military facilities;
22	20		(3) facilities owned or operated by the Texas
23	21		Department of Criminal Justice;
24	22		(4) facilities owned or operated by the Texas Juvenile
25	23		Justice Department;
26	24		(5) facilities owned or operated by the Texas
27	25		Department of Transportation;
28	26		(6) the Capitol, including the Capitol Extension, the
29	27		General Land Office building, the Bob Bullock Texas State History
30	28		Museum, any museum located on the Capitol grounds, the Governor's
31	29		Mansion, and any property maintained by the Texas Historical
32	30		Commission under Sections 442.0072 and 442.0073;
33	31		(7) a facility determined by the commission to be
34	32		completely residential;
35	33		(8) a regional or field office of a state agency;
36	34		(9) a facility located within or on state park
37	35		property;
38	36		(10) the property known as the Finance Commission
39	37		Building described by deed recorded in Volume 5080, Page 1099, of
40	38		the Deed Records of Travis County, Texas;
41	39		(11) the property known as the Credit Union Department
42	40		Building described by deed recorded in Volume 6126, Page 27, of the
43	41		Deed Records of Travis County, Texas; [or]
44	42		(12) the property known as the Texas State Cemetery
45	43		described as 17.376 acres located at 801 Comal, Lot 5, Division B,
46	44		City of Austin, Travis County, Texas; or
47	45		(13) facilities owned or operated by the Texas
48	46		Department of Motor Vehicles.
49	47		SECTION 2. Section 2166.003(a), Government Code, is amended
50	48		to read as follows:
51	49		(a) Unless otherwise provided, this chapter does not apply
52	50		to:
53	51		(1) a project constructed by and for the Texas
54	52		Department of Transportation;
55	53		(2) a project constructed by and for a state
56	54		institution of higher education;
57	55		(3) a pen, shed, or ancillary building constructed by
58	56		and for the Department of Agriculture for the processing of
59	57		livestock before export;
60	58		(4) a project constructed by the Parks and Wildlife
61	59		Department;
62	60		(5) a repair or rehabilitation project, except a major
63	61		renovation, of buildings and grounds on the commission inventory;
64	62		(6) a repair and rehabilitation project of another
65	63		using agency, if all labor for the project is provided by the
66	64		regular maintenance force of the using agency under specific
67	65		legislative authorization and the project does not require the
68	66		advance preparation of working plans or drawings;
69	67		(7) a repair and rehabilitation project involving the
70	68		use of contract labor, if the project has been excluded from this
71	69		chapter by commission rule and does not require the advance
72	70		preparation of working plans or drawings;
73	71		(8) an action taken by the Texas Commission on
74	72		Environmental Quality under Subchapter F or I, Chapter 361, Health
75	73		and Safety Code;
76	74		(9) a repair, rehabilitation, or construction project
77	75		on property owned by the Texas Department of Housing and Community
78	76		Affairs or the Texas State Affordable Housing Corporation;
79	77		(10) a project constructed by and for the Veterans'
80	78		Land Board; [or]
81	79		(11) a project constructed by and for the Texas
82	80		Historical Commission; or
83	81		(12) a project constructed by and for the Texas
84	82		Department of Motor Vehicles.
85	83		SECTION 3. Section 2167.001(b), Government Code, is amended
86	84		to read as follows:
87	85		(b) This chapter does not apply to:
88	86		(1) radio antenna space;
89	87		(2) residential space for a Texas Department of Mental
90	88		Health and Mental Retardation program;
91	89		(3) residential space for a Texas Juvenile Justice
92	90		Department program;
93	91		(4) space to be used for less than one month for
94	92		meetings, conferences, conventions, seminars, displays,
95	93		examinations, auctions, or similar purposes;
96	94		(5) district office space for members of the
97	95		legislature;
98	96		(6) space used by the Texas Workforce Commission;
99	97		(7) residential property acquired by the Texas
100	98		Department of Housing and Community Affairs or the Texas State
101	99		Affordable Housing Corporation that is offered for sale or rental
102	100		to individuals and families of low or very low income or families of
103	101		moderate income;
104	102		(8) except as provided by Section 2167.007, space for
105	103		a university system or institution of higher education; [or]
106	104		(9) space leased by the Texas Veterans Commission to
107	105		administer the veterans employment services program; or
108	106		(10) space for the Texas Department of Motor Vehicles.
109	107		SECTION 4. Chapter 1001, Transportation Code, is amended by
110	108		adding Subchapter F to read as follows:
111	109		SUBCHAPTER F. AUTHORITY REGARDING REAL PROPERTY
112	110		Sec. 1001.201. OWNERSHIP, CONTROL, MAINTENANCE,
113	111		IMPROVEMENT, AND DISPOSITION OF REAL PROPERTY.
114	112		(a) Notwithstanding Chapters 2165, 2166, and 2167, Government
115	113		Code, or any other law, the department may own, control, manage,
116	114		maintain, improve, lease, pledge, encumber, trade, sell, transfer,
117	115		and otherwise dispose of real property, including improvements.
118	116		(b) If requested by the department, the General Land Office
119	117		shall negotiate and close a sale of real property under this section
120	118		on behalf of the department using procedures under Section
121	119		31.158(c), Natural Resources Code, except that the General Land
122	120		Office is not required to offer the School Land Board the first
123	121		option to purchase the real property.
124	122		(c) Revenue from the lease, encumbrance, sale, trade,
125	123		transfer, or other disposition of real property under this section
126	124		shall be deposited to the credit of the Texas Department of Motor
127	125		Vehicles fund for the use and benefit of the department.
128	126		(d) The expenses incurred by the General Land Office in
129	127		conducting a real estate transaction under this section, including
130	128		the payment of reasonable brokerage fees, may be deducted from the
131	129		proceeds of the transaction before the proceeds are deposited to
132	130		the credit of the Texas Department of Motor Vehicles fund.
133	131		Sec. 1001.202. CONTRACT AUTHORITY. (a) Notwithstanding
134	132		Chapters 2165, 2166, and 2167, Government Code, or any other law,
135	133		the department may enter into a contract regarding the management,
136	134		maintenance, design, construction, rehabilitation, repair,
137	135		renovation, improvement, inspection, lease, pledge, encumbrance,
138	136		trade, sale, transfer, or other disposition of real property,
139	137		including improvements, under this subchapter.
140	138		(b) The department shall comply with the requirements and
141	139		processes in Chapters 2165, 2166, and 2167, Government Code, to the
142	140		extent feasible, except that the department shall comply with a
143	141		requirement that expressly applies to a state agency that is exempt
144	142		from Chapter 2166, Government Code, under Section 2166.003 of that
145	143		code. Although the department is not required to use the services
146	144		of the Texas Facilities Commission, the department may use services
147	145		provided under Sections 2165.056, 2166.005, and 2167.007,
148	146		Government Code.
149	147		SECTION 5. (a) The Texas Department of Transportation may
150	148		transfer all or part of the property described by Subsection (f) of
151	149		this section to the Texas Department of Motor Vehicles.
152	150		(b) The Texas Department of Transportation may sell any part
153	151		of the property described by Subsection (f) of this section that is
154	152		not transferred to the Texas Department of Motor Vehicles under
155	153		Subsection (a) of this section to one or more financial regulatory
156	154		agencies, as defined by Section 16.001, Finance Code, under terms
157	155		that are acceptable to the parties.
158	156		(c) Subchapter B, Chapter 202, Transportation Code, does
159	157		not apply to a transfer or sale of property under this section of
160	158		this Act. Any revenue from the sale of property under this section
161	159		of this Act shall be deposited in the state highway fund.
162	160		(d) The Texas Department of Transportation must transfer
163	161		any property transferred or sold under this section of this Act by
164	162		an appropriate transfer instrument. The transfer instrument must
165	163		include a legal description of the property to be transferred.
166	164		(e) Any agency to which real property is transferred or sold
167	165		under this section of this Act is responsible for the recordation of
168	166		the transfer instrument.
169	167		(f) The real property to which Subsection (a) of this
170	168		section refers consists of the following two tracts of land:
171	169		BEING A 7.5138 ACRES [327,300 SQUARE FEET] TRACT OF LAND, MORE OR
172	170		LESS, IN THE WILLIAM PORTER SURVEY, ABSTRACT NO. 7, GEORGE W. SPEAR
173	171		LEAGUE, CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF
174	172		A TRACT OF LAND DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN
175	173		BOOK 261, PAGE 134 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS
176	174		(D.R.T.C.T.), SAID 7.5138 ACRE TRACT OF LAND BEING MORE
177	175		PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
178	176		BEGINNING AT A 1/2 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF
179	177		SAID STATE OF TEXAS TRACT, SAME BEING IN THE WEST RIGHT-OF-WAY
180	178		(R.O.W.) LINE OF JACKSON STREET (A VARIABLE WIDTH R.O.W.), HAVING A
181	179		SURFACE COORDINATE OF NORTH 10,088,522.008, EAST 3,110,296.848;
182	180		1) THENCE SOUTH 04°31'15" WEST ALONG THE EAST LINE OF SAID
183	181		STATE OF TEXAS TRACT AND THE COMMON WEST R.O.W LINE OF SAID JACKSON
184	182		STREET, A DISTANCE OF 951.21 FEET TO A MAG NAIL WITH WASHER STAMPED
185	183		"LAMB-STAR TBPLS#10048300" SET IN ASPHALT;
186	184		2) THENCE NORTH 85°29'55" WEST DEPARTING SAID COMMON LINE
187	185		AND OVER AND ACROSS SAID STATE OF TEXAS TRACT, A DISTANCE OF 323.74
188	186		FEET TO A 3 1/4 INCH ALUMINUM DISC STAMPED "TEXAS DEPT OF
189	187		TRANSPORTATION" SET IN CONCRETE IN THE WEST LINE OF SAID STATE OF
190	188		TEXAS TRACT, SAME BEING THE EAST R.O.W. LINE OF MO-PAC EXPRESSWAY
191	189		(LOOP 1, VARIABLE WIDTH R.O.W.) DESCRIBED IN DEED TO THE STATE OF
192	190		TEXAS, RECORDED IN VOLUME 6823, PAGE 637 D.R.T.C.T.;
193	191		3) THENCE NORTH 03°23'50" EAST ALONG THE WEST LINE OF SAID
194	192		STATE OF TEXAS TRACT AND THE COMMON EAST R.O.W LINE OF SAID MO-PAC
195	193		EXPRESSWAY (LOOP 1), A DISTANCE OF 6.95 FEET TO A 4 INCH BRASS DISC
196	194		STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN
197	195		CONCRETE;
198	196		4) THENCE NORTH 04°49'47" EAST CONTINUING ALONG SAID COMMON
199	197		LINE, A DISTANCE OF 1080.01 FEET TO A 4 INCH BRASS DISC STAMPED
200	198		"TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE FOR THE
201	199		NORTHWEST CORNER OF SAID STATE OF TEXAS TRACT, SAME BEING THE SOUTH
202	200		LINE OF WESTMINSTER MANOR LOT 1, BLOCK A, AN ADDITION TO THE CITY OF
203	201		AUSTIN, ACCORDING TO THE PLAT THEREOF RECORDED IN INSTRUMENT NUMBER
204	202		200600340 D.R.T.C.T., FROM WHICH A 4 INCH BRASS DISC STAMPED "TEXAS
205	203		DEPARTMENT OF TRANSPORTATION R.O.W." FOUND BEARS NORTH 62°07'46"
206	204		WEST, A DISTANCE OF 12.91 FEET;
207	205		5) THENCE SOUTH 62° 23' 09" EAST DEPARTING SAID COMMON LINE
208	206		AND ALONG THE NORTH LINE OF SAID STATE OF TEXAS TRACT AND THE COMMON
209	207		SOUTH LINE OF SAID WESTMINSTER MANOR LOT 1, BLOCK A, A DISTANCE OF
210	208		345.76 FEET TO THE POINT OF BEGINNING AND CONTAINING 7.5138 ACRES
211	209		[327,300 SQUARE FEET] OF LAND, MORE OR LESS.
212	210		TRACT 2
213	211		BEING A 7.5823 ACRES [330,284 SQUARE FEET] TRACT OF LAND, MORE OR
214	212		LESS, IN THE WILLIAM PORTER SURVEY, ABSTRACT NO. 7, GEORGE W. SPEAR
215	213		LEAGUE, CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF
216	214		A TRACT OF LAND DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN
217	215		BOOK 261, PAGE 134 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS
218	216		(D.R.T.C.T,), SAID 7.5823 ACRE TRACT OF LAND BEING MORE
219	217		PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
220	218		COMMENCING AT A 1/2 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF
221	219		SAID STATE OF TEXAS TRACT, SAME BEING IN THE WEST RIGHT-OF-WAY
222	220		(R.O.W.) LINE OF JACKSON STREET (A VARIABLE WIDTH R.O.W.);
223	221		THENCE SOUTH 04°31'15" WEST ALONG THE EAST LINE OF SAID STATE OF
224	222		TEXAS TRACT AND THE COMMON WEST R.O.W LINE OF SAID JACKSON STREET, A
225	223		DISTANCE OF 951.21 FEET TO A MAG NAIL WITH WASHER STAMPED "LAMB-STAR
226	224		TBPLS#10048300" SET IN ASPHALT FOR THE POINT OF BEGINNING, HAVING A
227	225		SURFACE COORDINATE OF NORTH 10,087,573.756, EAST 3,110,221.872;
228	226		1) THENCE SOUTH 04°31'15" WEST CONTINUING ALONG SAID COMMON
229	227		LINE, PASSING A 4 INCH BRASS DISC STAMPED "TEXAS HIGHWAY DEPARTMENT
230	228		R.O.W." FOUND, AT A DISTANCE OF 636.60 FEET, CONTINUING IN ALL A
231	229		TOTAL DISTANCE OF 1043.34 FEET TO A 4 INCH BRASS DISC STAMPED "TEXAS
232	230		DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE IN THE NEW
233	231		NORTH R.O.W. LINE OF WEST 35TH STREET (AVARIABLE WIDTH R.O.W.)
234	232		DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN VOLUME 6823,
235	233		PAGE 637 D.R.T.C.T.;
236	234		2) THENCE NORTH 80°50'24" WEST DEPARTING SAID COMMON LINE
237	235		AND OVER AND ACROSS SAID STATE OF TEXAS TRACT AND ALONG THE NEW
238	236		NORTH R.O.W. LINE OF WEST 35TH STREET, A DISTANCE OF 320.77 FEET TO
239	237		A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION
240	238		R.O.W." SET IN CONCRETE IN THE WEST LINE OF SAID STATE OF TEXAS
241	239		TRACT, SAME BEING THE EAST R.O.W. LINE OF MO-PAC EXPRESSWAY (LOOP 1,
242	240		VARIABLE WIDTH R.O.W.) DESCRIBED IN DEED TO THE STATE OF TEXAS,
243	241		RECORDED IN VOLUME 6823, PAGE 637 D.R.T.C.T.;
244	242		3) THENCE NORTH 04°01'11" EAST ALONG THE WEST LINE OF SAID
245	243		STATE OF TEXAS TRACT AND THE COMMON EAST R.O.W LINE OF SAID MO-PAC
246	244		EXPRESSWAY (LOOP 1), A DISTANCE OF 374.34 FEET TO A 4 INCH BRASS
247	245		DISC STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN
248	246		CONCRETE;
249	247		4) THENCE NORTH 05°50'15" EAST CONTINUING ALONG SAID COMMON
250	248		LINE, A DISTANCE OF 205.75 FEET TO A 4 INCH BRASS DISC STAMPED
251	249		"TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE;
252	250		5) THENCE NORTH 04°49'47" EAST CONTINUING ALONG SAID COMMON
253	251		LINE, A DISTANCE OF 124.25 FEET TO A 4 INCH BRASS DISC STAMPED
254	252		"TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE;
255	253		6) THENCE NORTH 03°23'50" EAST CONTINUING ALONG SAID COMMON
256	254		LINE, A DISTANCE OF 313.07 FEET TO A 3 1/4 INCH ALUMINUM DISC
257	255		STAMPED "TEXAS DEPT OF TRANSPORTATION" SET IN CONCRETE;
258	256		7) THENCE SOUTH 85° 29' 55" EAST DEPARTING SAID COMMON LINE
259	257		AND OVER AND ACROSS SAID STATE OF TEXAS TRACT, A DISTANCE OF 323.74
260	258		FEET TO THE POINT OF BEGINNING AND CONTAINING 7.5823 ACRES [330,284
261	259		SQUARE FEET] OF LAND, MORE OR LESS.
262	260		SECTION 6. To the extent of any conflict, this Act prevails
263	261		over another Act of the 85th Legislature, Regular Session, 2017,
264	262		relating to nonsubstantive additions to and corrections in enacted
265	263		codes.
266	264		SECTION 7. This Act takes effect immediately if it receives
267	265		a vote of two-thirds of all the members elected to each house, as
268	266		provided by Section 39, Article III, Texas Constitution. If this
269	267		Act does not receive the vote necessary for immediate effect, this
270	268		Act takes effect September 1, 2017.
	269	+	______________________________ ______________________________
	270	+	President of the Senate Speaker of the House
	271	+	I hereby certify that S.B. No. 1349 passed the Senate on
	272	+	April 20, 2017, by the following vote: Yeas 31, Nays 0.
	273	+	______________________________
	274	+	Secretary of the Senate
	275	+	I hereby certify that S.B. No. 1349 passed the House on
	276	+	May 19, 2017, by the following vote: Yeas 144, Nays 0, two
	277	+	present not voting.
	278	+	______________________________
	279	+	Chief Clerk of the House
	280	+	Approved:
	281	+	______________________________
	282	+	Date
	283	+	______________________________
	284	+	Governor