85R3008 PMO-D
By: Zaffirini S.B. No. 71
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain state real property to the City
of San Marcos.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Subject to Section 2 of this Act, not later
than January 1, 2018, the State of Texas shall transfer by deed
without warranty of title to the City of San Marcos all real
property owned by the State of Texas in the bed and along the banks
of the San Marcos River located within the city limits of the City
of San Marcos as those limits exist on the effective date of this
Act.
(b) Before the real property described by Subsection (a) of
this section may be transferred, a survey of the real property must
be conducted by or under the direction of the General Land Office.
(c) Consideration for the transfer authorized by Subsection
(a) of this section shall be in the form of an agreement between the
State of Texas and the City of San Marcos that requires the City of
San Marcos to primarily promote a public purpose of the state by
providing protection of health and general welfare, providing
recreation, beautification, and civic improvement, and providing
police protection in the bed and along the banks of the San Marcos
River within the city limits of the City of San Marcos.
(d) The City of San Marcos shall reimburse the General Land
Office for the fees and expenses incurred by the General Land Office
in connection with the transfer of the real property under this Act.
SECTION 2. (a) Ownership of the property automatically
reverts to the State of Texas if the City of San Marcos:
(1) fails to promote a public purpose of the state as
described by Section 1(c) of this Act; or
(2) sells all or any part of the property.
(b) The state reserves:
(1) the state's interest in all oil, gas, and other
minerals in and under the real property described by Section 1 of
this Act;
(2) the state's right to remove from the real property
described by Section 1 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 real property described by Section 1 of
this Act relating to the removal of oil, gas, and other minerals in
and under the real property.
(c) Sections 31.1571 and 31.158, Natural Resources Code, do
not apply to the transfer of real property authorized by this Act.
SECTION 3. 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.