| 1 | 1 | | 85R3008 PMO-D |
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| 2 | 2 | | By: Zaffirini S.B. No. 71 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the transfer of certain state real property to the City |
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| 8 | 8 | | of San Marcos. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. (a) Subject to Section 2 of this Act, not later |
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| 11 | 11 | | than January 1, 2018, the State of Texas shall transfer by deed |
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| 12 | 12 | | without warranty of title to the City of San Marcos all real |
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| 13 | 13 | | property owned by the State of Texas in the bed and along the banks |
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| 14 | 14 | | of the San Marcos River located within the city limits of the City |
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| 15 | 15 | | of San Marcos as those limits exist on the effective date of this |
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| 16 | 16 | | Act. |
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| 17 | 17 | | (b) Before the real property described by Subsection (a) of |
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| 18 | 18 | | this section may be transferred, a survey of the real property must |
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| 19 | 19 | | be conducted by or under the direction of the General Land Office. |
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| 20 | 20 | | (c) Consideration for the transfer authorized by Subsection |
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| 21 | 21 | | (a) of this section shall be in the form of an agreement between the |
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| 22 | 22 | | State of Texas and the City of San Marcos that requires the City of |
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| 23 | 23 | | San Marcos to primarily promote a public purpose of the state by |
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| 24 | 24 | | providing protection of health and general welfare, providing |
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| 25 | 25 | | recreation, beautification, and civic improvement, and providing |
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| 26 | 26 | | police protection in the bed and along the banks of the San Marcos |
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| 27 | 27 | | River within the city limits of the City of San Marcos. |
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| 28 | 28 | | (d) The City of San Marcos shall reimburse the General Land |
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| 29 | 29 | | Office for the fees and expenses incurred by the General Land Office |
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| 30 | 30 | | in connection with the transfer of the real property under this Act. |
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| 31 | 31 | | SECTION 2. (a) Ownership of the property automatically |
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| 32 | 32 | | reverts to the State of Texas if the City of San Marcos: |
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| 33 | 33 | | (1) fails to promote a public purpose of the state as |
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| 34 | 34 | | described by Section 1(c) of this Act; or |
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| 35 | 35 | | (2) sells all or any part of the property. |
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| 36 | 36 | | (b) The state reserves: |
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| 37 | 37 | | (1) the state's interest in all oil, gas, and other |
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| 38 | 38 | | minerals in and under the real property described by Section 1 of |
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| 39 | 39 | | this Act; |
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| 40 | 40 | | (2) the state's right to remove from the real property |
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| 41 | 41 | | described by Section 1 of this Act any oil, gas, and other minerals |
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| 42 | 42 | | in and under the real property; and |
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| 43 | 43 | | (3) the state's right to grant a lease held by the |
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| 44 | 44 | | state before a conveyance of real property described by Section 1 of |
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| 45 | 45 | | this Act relating to the removal of oil, gas, and other minerals in |
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| 46 | 46 | | and under the real property. |
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| 47 | 47 | | (c) Sections 31.1571 and 31.158, Natural Resources Code, do |
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| 48 | 48 | | not apply to the transfer of real property authorized by this Act. |
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| 49 | 49 | | SECTION 3. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2017. |
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