Texas 2019 - 86th Regular

Texas House Bill HB2913 Compare Versions

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1-H.B. No. 2913
1+By: Zerwas (Senate Sponsor - Kolkhorst) H.B. No. 2913
2+ (In the Senate - Received from the House May 6, 2019;
3+ May 8, 2019, read first time and referred to Committee on
4+ Transportation; May 19, 2019, reported adversely, with favorable
5+ Committee Substitute by the following vote: Yeas 9, Nays 0;
6+ May 19, 2019, sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR H.B. No. 2913 By: Hancock
29
310
11+ A BILL TO BE ENTITLED
412 AN ACT
513 relating to the transfer of certain real property held by the
614 Department of Public Safety of the State of Texas and the transfer
715 of jurisdiction over and management of the Star of the Republic
816 Museum to the Texas Historical Commission.
917 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1018 ARTICLE 1. TRANSFER OF CERTAIN PROPERTY OF DEPARTMENT OF PUBLIC
1119 SAFETY
1220 SECTION 1.001. (a) As soon as practicable after the
1321 effective date of this Act, the Department of Public Safety of the
1422 State of Texas shall transfer to Child Advocates of Fort Bend the
1523 real property described by Section 1.002 of this Act.
1624 (b) Child Advocates of Fort Bend shall use the property
1725 transferred under this Act only for a purpose that benefits the
1826 public interest of the state. If Child Advocates of Fort Bend uses
1927 the property for any purpose other than a purpose that benefits the
2028 public interest of the state, ownership of the property
2129 automatically reverts to the Department of Public Safety of the
2230 State of Texas.
2331 (c) The Department of Public Safety of the State of Texas
2432 shall transfer the property by an appropriate instrument of
2533 transfer. The instrument of transfer must provide that:
2634 (1) Child Advocates of Fort Bend use the property only
2735 for a purpose that benefits the public interest of the state; and
2836 (2) ownership of the property will automatically
2937 revert to the Department of Public Safety of the State of Texas if
3038 Child Advocates of Fort Bend uses the property for any purpose other
3139 than a purpose that benefits the public interest of the state.
3240 (d) The Department of Public Safety of the State of Texas
3341 shall retain custody of the instrument of transfer after the
3442 instrument of transfer is filed in the real property records of Fort
3543 Bend County.
3644 SECTION 1.002. The real property referred to in Section
3745 1.001 of this Act is described as follows:
3846 A 0.3294-acre tract of land in the James Lowery 1/3-League,
3947 Abstract Number 275, Fort Bend County, Texas, located in the City of
4048 Rosenberg, being a portion of that 1.7974-acre tract of land
4149 conveyed to Texas Department of Public Safety, described in a
4250 warranty deed recorded in Volume 758, Page 744 of the Official
4351 Public Records of Fort Bend County, Texas, said 0.3294-acre tract
4452 being further described by metes and bounds as follows:
4553 BEGINNING at a 1/2-inch iron rod with a plastic cap marked
4654 "PSC RPLS 6453" set in the occupied north right-of-way line of
4755 Avenue "N" and the south line of said 1.7974-acre tract for the
4856 southeast corner of this tract, said beginning point having
4957 coordinates of NORTHING: 13,760,038.29 and EASTING: 2,994,593.07,
5058 Texas Coordinate System, South Central Zone 4204, North American
5159 Datum of 1983, whence a 5/8-inch iron rod found at the original
5260 southeast corner of said 1.7974-acre tract bears South 67 degrees
5361 49 minutes 56 seconds East a distance of 392.36 feet and the
5462 southeast corner of said James Lowery 1/3-League bears South 67
5563 degrees 49 minutes 56 seconds East a distance of 442.36 feet and
5664 South 22 degrees 26 minutes 23 seconds West a distance of 798.9
5765 feet, per calls in previous deeds and plats;
5866 (1) THENCE North 67 degrees 49 minutes 56 seconds
5967 West, along the north right-of-way line of said Avenue "N", a
6068 distance of 32.11 feet to a point in a utility pole at the southwest
6169 corner of said 1.7974-acre tract and the southeast corner of a
6270 2.500-acre tract conveyed to Fort Bend County Child Advocates,
6371 Inc., described in a special warranty deed with vendor's lien
6472 recorded in County Clerk's File Number 2006021668 of the Official
6573 Public Records of Fort Bend County, Texas, for the southwest corner
6674 of this tract, whence a 5/8-inch iron rod with a plastic cap marked
6775 "TERRA SURVEYING" bears South 05 degrees 24 minutes 22 seconds East
6876 a distance of 0.19 feet and an "X" cut on concrete found at the
6977 southwest corner of said 2.500-acre tract bears North 67 degrees 49
7078 minutes 56 seconds West a distance of 279.56 feet;
7179 (2) THENCE North 22 degrees 11 minutes 18 seconds
7280 East, along the east line of said 2.500-acre tract, a distance of
7381 185.85 feet to a 5/8-inch iron rod found at the northeast corner of
7482 said 1.7974-acre tract and the southwest corner of Unrestricted
7583 Reserve "B", Terra Flora, a subdivision of the James Lowery
7684 1/3-League, according to the map, plat and/or dedication deed
7785 thereof recorded in Slide 517/B and Volume 32, Page 6 of the Plat
7886 Records of Fort Bend County, Texas, for the northwest corner of this
7987 tract, said point having coordinates of NORTHING: 13,760,222.47 and
8088 EASTING: 2,994,633.52, Texas Coordinate System, South Central Zone
8189 4204, North American Datum of 1983, whence a 5/8-inch iron rod bears
8290 North 22 degrees 11 minutes 18 seconds East a distance of 202.64
8391 feet;
8492 (3) THENCE South 67 degrees 39 minutes 44 seconds
8593 East, along the common line of said Unrestricted Reserve "B" and
8694 said 1.7974-acre tract, a distance of 145.05 feet to a 1/2-inch iron
8795 rod with a plastic cap marked "PSC RPLS 6453" set for the northeast
8896 corner of this tract, whence a 1-inch iron pipe bears South 67
8997 degrees 39 minutes 44 seconds East a distance of 280.65 feet and a
9098 3/4-inch iron pipe found at the northeast corner of said Terra Flora
9199 Subdivision bears South 67 degrees 39 minutes 44 seconds East a
92100 distance of 280.24 feet and North 22 degrees 26 minutes 23 seconds
93101 East a distance of 204.58 feet;
94102 (4) THENCE South 22 degrees 20 minutes 16 seconds West
95103 a distance of 0.31 feet to a 1/2-inch iron rod with a plastic cap
96104 marked "PSC RPLS 6453" set for a point of intersection for a corner
97105 of this tract;
98106 (5) THENCE southwesterly, along a curve to the left,
99107 an arc distance of 76.65 feet, said curve having a radius of 55.93
100108 feet, a delta angle of 78 degrees 31 minutes 25 seconds, a chord
101109 bearing of South 67 degrees 01 minutes 09 seconds West, and a chord
102110 distance of 70.79 feet to a 1/2-inch iron rod with a plastic cap
103111 marked "PSC RPLS 6453" set for a point of reverse curvature for a
104112 corner of this tract;
105113 (6) THENCE southwesterly, along a curve to the right,
106114 an arc distance of 4.43 feet, said curve having a radius of 3.00
107115 feet, a delta angle of 84 degrees 38 minutes 18 seconds, a chord
108116 bearing of South 70 degrees 04 minutes 36 seconds West, and a chord
109117 distance of 4.04 feet to a 1/2-inch iron rod with a plastic cap
110118 marked "PSC RPLS 6453" set for a point of tangency for a corner of
111119 this tract;
112120 (7) THENCE North 67 degrees 36 minutes 19 seconds
113121 West, a distance of 18.60 feet to a 1/2-inch iron rod with a plastic
114122 cap marked "PSC RPLS 6453" set for a point of intersection for a
115123 corner of this tract;
116124 (8) THENCE South 21 degrees 34 minutes 50 seconds West
117125 a distance of 90.75 feet to a 1/2-inch iron rod with a plastic cap
118126 marked "PSC RPLS 6453" set for a point of intersection for a corner
119127 of this tract;
120128 (9) THENCE North 67 degrees 44 minutes 40 seconds West
121129 a distance of 5.07 feet to a 1/2-inch iron rod with a plastic cap
122130 marked "PSC RPLS 6453" set for a point of intersection for a corner
123131 of this tract;
124132 (10) THENCE South 23 degrees 44 minutes 55 seconds
125133 West a distance of 9.25 feet to a 1/2-inch iron rod with a plastic
126134 cap marked "PSC RPLS 6453" set for a point of curvature for a corner
127135 of this tract;
128136 (11) THENCE southwesterly, along a curve to the right,
129137 an arc distance of 7.75 feet, said curve having a radius of 5.00
130138 feet, a delta angle of 88 degrees 47 minutes 17 seconds, a chord
131139 bearing of South 68 degrees 08 minutes 33 seconds West, and a chord
132140 distance of 7.00 feet, to a 1/2-inch iron rod with a plastic cap
133141 marked "PSC RPLS 6453" set for a point of tangency for a corner of
134142 this tract;
135143 (12) THENCE North 67 degrees 27 minutes 48 seconds
136144 West a distance of 18.22 feet to a 1/2-inch iron rod with a plastic
137145 cap marked "PSC RPLS 6453" set for a point of curvature for a corner
138146 of this tract;
139147 (13) THENCE southwesterly, along a curve to the left,
140148 an arc distance of 22.35 feet, said curve having a radius of 14.00
141149 feet, a delta angle of 91 degrees 28 minutes 59 seconds, a chord
142150 bearing of South 66 degrees 47 minutes 42 seconds West, and a chord
143151 distance of 20.05 feet to a 1/2-inch iron rod with a plastic cap
144152 marked "PSC RPLS 6453" set for a point of tangency for a corner of
145153 this tract;
146154 (14) THENCE South 21 degrees 03 minutes 13 seconds
147155 West a distance of 13.28 feet to the POINT OF BEGINNING. Bearings
148156 called in this description are based on the Texas Coordinate
149157 System, South Central Zone 4204, North American Datum of 1983.
150158 Distances called in this description are surface distances.
151159 ARTICLE 2. TRANSFER OF JURISDICTION OVER AND MANAGEMENT OF STAR OF
152160 THE REPUBLIC MUSEUM
153161 SECTION 2.001. Chapter 442, Government Code, is amended by
154162 adding Subchapter B-1 to read as follows:
155163 SUBCHAPTER B-1. STAR OF THE REPUBLIC MUSEUM
156164 Sec. 442.061. DEFINITION. In this subchapter, "museum"
157165 means the Star of the Republic Museum.
158166 Sec. 442.062. JURISDICTION AND MAINTENANCE OF MUSEUM. (a)
159167 The museum and its contents are under the jurisdiction of the
160168 commission. The commission is responsible for the preservation,
161169 maintenance, and operation of the museum.
162170 (b) Notwithstanding Subsection (a), Blinn College District
163171 maintains ownership of the museum, the land on which the museum is
164172 located, and the artifacts in the museum.
165173 (c) Except as provided by Subsection (b), any power or duty
166174 related to the museum formerly vested in any other state agency or
167175 entity is vested solely in the commission.
168176 (d) The commission shall, in coordination with an advisory
169177 committee appointed by the board of trustees of the Blinn College
170178 District, promote the educational and public awareness programs at
171179 the museum, the Washington-on-the-Brazos State Historic Site, and
172180 the Barrington Living History Farm.
173181 Sec. 442.063. GRANTS; DONATIONS. The commission may accept
174182 a grant or donation for any program or purpose of the museum.
175183 SECTION 2.002. (a) On January 1, 2020, the following are
176184 transferred to the Texas Historical Commission:
177185 (1) all powers and duties of Blinn College District
178186 relating to the Star of the Republic Museum;
179187 (2) all unobligated and unexpended funds
180188 appropriated, donated, or contributed to Blinn College District
181189 designated for the administration of any part of the Star of the
182190 Republic Museum; and
183191 (3) all files and other records of Blinn College
184192 District kept by Blinn College District regarding the Star of the
185193 Republic Museum.
186194 (b) Notwithstanding any other law, Blinn College District
187195 shall continue to perform functions and activities related to the
188196 Star of the Republic Museum until January 1, 2020, and the former
189197 law is continued in effect for that purpose.
190198 ARTICLE 3. EFFECTIVE DATES
191199 SECTION 3.001. (a) Except as provided by Subsection (b) of
192200 this section, this Act takes effect September 1, 2019.
193201 (b) Article 1 of this Act takes effect immediately if this
194202 Act receives a vote of two-thirds of all the members elected to each
195203 house, as provided by Section 39, Article III, Texas Constitution.
196204 If this Act does not receive the vote necessary for immediate
197205 effect, Article 1 of this Act takes effect September 1, 2019.
198- ______________________________ ______________________________
199- President of the Senate Speaker of the House
200- I certify that H.B. No. 2913 was passed by the House on May 3,
201- 2019, by the following vote: Yeas 140, Nays 0, 2 present, not
202- voting; and that the House concurred in Senate amendments to H.B.
203- No. 2913 on May 24, 2019, by the following vote: Yeas 141, Nays 0,
204- 2 present, not voting.
205- ______________________________
206- Chief Clerk of the House
207- I certify that H.B. No. 2913 was passed by the Senate, with
208- amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
209- 0.
210- ______________________________
211- Secretary of the Senate
212- APPROVED: __________________
213- Date
214- __________________
215- Governor
206+ * * * * *