By: Zerwas (Senate Sponsor - Kolkhorst) H.B. No. 2913
(In the Senate - Received from the House May 6, 2019;
May 8, 2019, read first time and referred to Committee on
Transportation; May 19, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 19, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2913 By: Hancock
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain real property held by the
Department of Public Safety of the State of Texas and the transfer
of jurisdiction over and management of the Star of the Republic
Museum to the Texas Historical Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TRANSFER OF CERTAIN PROPERTY OF DEPARTMENT OF PUBLIC
SAFETY
SECTION 1.001. (a) As soon as practicable after the
effective date of this Act, the Department of Public Safety of the
State of Texas shall transfer to Child Advocates of Fort Bend the
real property described by Section 1.002 of this Act.
(b) Child Advocates of Fort Bend shall use the property
transferred under this Act only for a purpose that benefits the
public interest of the state. If Child Advocates of Fort Bend uses
the property for any purpose other than a purpose that benefits the
public interest of the state, ownership of the property
automatically reverts to the Department of Public Safety of the
State of Texas.
(c) The Department of Public Safety of the State of Texas
shall transfer the property by an appropriate instrument of
transfer. The instrument of transfer must provide that:
(1) Child Advocates of Fort Bend use the property only
for a purpose that benefits the public interest of the state; and
(2) ownership of the property will automatically
revert to the Department of Public Safety of the State of Texas if
Child Advocates of Fort Bend uses the property for any purpose other
than a purpose that benefits the public interest of the state.
(d) The Department of Public Safety of the State of Texas
shall retain custody of the instrument of transfer after the
instrument of transfer is filed in the real property records of Fort
Bend County.
SECTION 1.002. The real property referred to in Section
1.001 of this Act is described as follows:
A 0.3294-acre tract of land in the James Lowery 1/3-League,
Abstract Number 275, Fort Bend County, Texas, located in the City of
Rosenberg, being a portion of that 1.7974-acre tract of land
conveyed to Texas Department of Public Safety, described in a
warranty deed recorded in Volume 758, Page 744 of the Official
Public Records of Fort Bend County, Texas, said 0.3294-acre tract
being further described by metes and bounds as follows:
BEGINNING at a 1/2-inch iron rod with a plastic cap marked
"PSC RPLS 6453" set in the occupied north right-of-way line of
Avenue "N" and the south line of said 1.7974-acre tract for the
southeast corner of this tract, said beginning point having
coordinates of NORTHING: 13,760,038.29 and EASTING: 2,994,593.07,
Texas Coordinate System, South Central Zone 4204, North American
Datum of 1983, whence a 5/8-inch iron rod found at the original
southeast corner of said 1.7974-acre tract bears South 67 degrees
49 minutes 56 seconds East a distance of 392.36 feet and the
southeast corner of said James Lowery 1/3-League bears South 67
degrees 49 minutes 56 seconds East a distance of 442.36 feet and
South 22 degrees 26 minutes 23 seconds West a distance of 798.9
feet, per calls in previous deeds and plats;
(1) THENCE North 67 degrees 49 minutes 56 seconds
West, along the north right-of-way line of said Avenue "N", a
distance of 32.11 feet to a point in a utility pole at the southwest
corner of said 1.7974-acre tract and the southeast corner of a
2.500-acre tract conveyed to Fort Bend County Child Advocates,
Inc., described in a special warranty deed with vendor's lien
recorded in County Clerk's File Number 2006021668 of the Official
Public Records of Fort Bend County, Texas, for the southwest corner
of this tract, whence a 5/8-inch iron rod with a plastic cap marked
"TERRA SURVEYING" bears South 05 degrees 24 minutes 22 seconds East
a distance of 0.19 feet and an "X" cut on concrete found at the
southwest corner of said 2.500-acre tract bears North 67 degrees 49
minutes 56 seconds West a distance of 279.56 feet;
(2) THENCE North 22 degrees 11 minutes 18 seconds
East, along the east line of said 2.500-acre tract, a distance of
185.85 feet to a 5/8-inch iron rod found at the northeast corner of
said 1.7974-acre tract and the southwest corner of Unrestricted
Reserve "B", Terra Flora, a subdivision of the James Lowery
1/3-League, according to the map, plat and/or dedication deed
thereof recorded in Slide 517/B and Volume 32, Page 6 of the Plat
Records of Fort Bend County, Texas, for the northwest corner of this
tract, said point having coordinates of NORTHING: 13,760,222.47 and
EASTING: 2,994,633.52, Texas Coordinate System, South Central Zone
4204, North American Datum of 1983, whence a 5/8-inch iron rod bears
North 22 degrees 11 minutes 18 seconds East a distance of 202.64
feet;
(3) THENCE South 67 degrees 39 minutes 44 seconds
East, along the common line of said Unrestricted Reserve "B" and
said 1.7974-acre tract, a distance of 145.05 feet to a 1/2-inch iron
rod with a plastic cap marked "PSC RPLS 6453" set for the northeast
corner of this tract, whence a 1-inch iron pipe bears South 67
degrees 39 minutes 44 seconds East a distance of 280.65 feet and a
3/4-inch iron pipe found at the northeast corner of said Terra Flora
Subdivision bears South 67 degrees 39 minutes 44 seconds East a
distance of 280.24 feet and North 22 degrees 26 minutes 23 seconds
East a distance of 204.58 feet;
(4) THENCE South 22 degrees 20 minutes 16 seconds West
a distance of 0.31 feet to a 1/2-inch iron rod with a plastic cap
marked "PSC RPLS 6453" set for a point of intersection for a corner
of this tract;
(5) THENCE southwesterly, along a curve to the left,
an arc distance of 76.65 feet, said curve having a radius of 55.93
feet, a delta angle of 78 degrees 31 minutes 25 seconds, a chord
bearing of South 67 degrees 01 minutes 09 seconds West, and a chord
distance of 70.79 feet to a 1/2-inch iron rod with a plastic cap
marked "PSC RPLS 6453" set for a point of reverse curvature for a
corner of this tract;
(6) THENCE southwesterly, along a curve to the right,
an arc distance of 4.43 feet, said curve having a radius of 3.00
feet, a delta angle of 84 degrees 38 minutes 18 seconds, a chord
bearing of South 70 degrees 04 minutes 36 seconds West, and a chord
distance of 4.04 feet to a 1/2-inch iron rod with a plastic cap
marked "PSC RPLS 6453" set for a point of tangency for a corner of
this tract;
(7) THENCE North 67 degrees 36 minutes 19 seconds
West, a distance of 18.60 feet to a 1/2-inch iron rod with a plastic
cap marked "PSC RPLS 6453" set for a point of intersection for a
corner of this tract;
(8) THENCE South 21 degrees 34 minutes 50 seconds West
a distance of 90.75 feet to a 1/2-inch iron rod with a plastic cap
marked "PSC RPLS 6453" set for a point of intersection for a corner
of this tract;
(9) THENCE North 67 degrees 44 minutes 40 seconds West
a distance of 5.07 feet to a 1/2-inch iron rod with a plastic cap
marked "PSC RPLS 6453" set for a point of intersection for a corner
of this tract;
(10) THENCE South 23 degrees 44 minutes 55 seconds
West a distance of 9.25 feet to a 1/2-inch iron rod with a plastic
cap marked "PSC RPLS 6453" set for a point of curvature for a corner
of this tract;
(11) THENCE southwesterly, along a curve to the right,
an arc distance of 7.75 feet, said curve having a radius of 5.00
feet, a delta angle of 88 degrees 47 minutes 17 seconds, a chord
bearing of South 68 degrees 08 minutes 33 seconds West, and a chord
distance of 7.00 feet, to a 1/2-inch iron rod with a plastic cap
marked "PSC RPLS 6453" set for a point of tangency for a corner of
this tract;
(12) THENCE North 67 degrees 27 minutes 48 seconds
West a distance of 18.22 feet to a 1/2-inch iron rod with a plastic
cap marked "PSC RPLS 6453" set for a point of curvature for a corner
of this tract;
(13) THENCE southwesterly, along a curve to the left,
an arc distance of 22.35 feet, said curve having a radius of 14.00
feet, a delta angle of 91 degrees 28 minutes 59 seconds, a chord
bearing of South 66 degrees 47 minutes 42 seconds West, and a chord
distance of 20.05 feet to a 1/2-inch iron rod with a plastic cap
marked "PSC RPLS 6453" set for a point of tangency for a corner of
this tract;
(14) THENCE South 21 degrees 03 minutes 13 seconds
West a distance of 13.28 feet to the POINT OF BEGINNING. Bearings
called in this description are based on the Texas Coordinate
System, South Central Zone 4204, North American Datum of 1983.
Distances called in this description are surface distances.
ARTICLE 2. TRANSFER OF JURISDICTION OVER AND MANAGEMENT OF STAR OF
THE REPUBLIC MUSEUM
SECTION 2.001. Chapter 442, Government Code, is amended by
adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. STAR OF THE REPUBLIC MUSEUM
Sec. 442.061. DEFINITION. In this subchapter, "museum"
means the Star of the Republic Museum.
Sec. 442.062. JURISDICTION AND MAINTENANCE OF MUSEUM. (a)
The museum and its contents are under the jurisdiction of the
commission. The commission is responsible for the preservation,
maintenance, and operation of the museum.
(b) Notwithstanding Subsection (a), Blinn College District
maintains ownership of the museum, the land on which the museum is
located, and the artifacts in the museum.
(c) Except as provided by Subsection (b), any power or duty
related to the museum formerly vested in any other state agency or
entity is vested solely in the commission.
(d) The commission shall, in coordination with an advisory
committee appointed by the board of trustees of the Blinn College
District, promote the educational and public awareness programs at
the museum, the Washington-on-the-Brazos State Historic Site, and
the Barrington Living History Farm.
Sec. 442.063. GRANTS; DONATIONS. The commission may accept
a grant or donation for any program or purpose of the museum.
SECTION 2.002. (a) On January 1, 2020, the following are
transferred to the Texas Historical Commission:
(1) all powers and duties of Blinn College District
relating to the Star of the Republic Museum;
(2) all unobligated and unexpended funds
appropriated, donated, or contributed to Blinn College District
designated for the administration of any part of the Star of the
Republic Museum; and
(3) all files and other records of Blinn College
District kept by Blinn College District regarding the Star of the
Republic Museum.
(b) Notwithstanding any other law, Blinn College District
shall continue to perform functions and activities related to the
Star of the Republic Museum until January 1, 2020, and the former
law is continued in effect for that purpose.
ARTICLE 3. EFFECTIVE DATES
SECTION 3.001. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2019.
(b) Article 1 of this Act takes effect immediately if this
Act 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, Article 1 of this Act takes effect September 1, 2019.
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