Texas 2021 - 87th Regular

Texas House Bill HB4664 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4664
	1	+	By: Bailes (Senate Sponsor - Nichols) H.B. No. 4664
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on Local
	4	+	Government; May 22, 2021, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 22, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to authorizing the sale of certain real property by the
6	12		State of Texas to the Trinity River Authority of Texas.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. (a) Subject to Subsections (b), (c), (d), and
9	15		(e) of this section and not later than December 31, 2021, the State
10	16		of Texas shall offer to convey the real property described by
11	17		Section 2 of this Act to the Trinity River Authority of Texas.
12	18		(b) The real property described by Section 2 of this Act may
13	19		not be conveyed by the State of Texas to the Trinity River Authority
14	20		of Texas for an amount less than the fair market value of the real
15	21		property. The fair market value of the real property must be
16	22		established by an independent appraisal obtained by the asset
17	23		management division of the General Land Office.
18	24		(c) The proceeds from the sale of real property authorized
19	25		by this Act shall be deposited to the credit of the permanent school
20	26		fund.
21	27		(d) The conveyance of the real property described by Section
22	28		2 of this Act shall:
23	29		(1) be made subject to all valid covenants,
24	30		conditions, reservations, restrictions, rights-of-way, easements,
25	31		and leases, if any, that are recorded or apparent by visual
26	32		inspection; and
27	33		(2) reserve to the State of Texas, for the use and
28	34		benefit of the permanent school fund, all right, title, and
29	35		interest in all oil, gas, and other minerals in and under the real
30	36		property described by Section 2 of this Act.
31	37		(e) Sections 31.1571, 31.158, and 31.159, Natural Resources
32	38		Code, do not apply to the sale of real property authorized by this
33	39		Act.
34	40		SECTION 2. The real property held by the State of Texas
35	41		being a portion of the bed of the Trinity River, adjacent to the
36	42		William Pace League, A-60, Polk County, Texas and the Arthur Garner
37	43		League, A-16, San Jacinto County, Texas, being 42.26 acres of real
38	44		property, more or less, located in Polk and San Jacinto Counties,
39	45		Texas, and more particularly described by metes and bounds as
40	46		follows:
41	47		BEGINNING at Y = 139,874.90 varas X = 1,322,677.95 varas, at
42	48		the intersection of the easterly gradient boundary of the Trinity
43	49		River in Polk County with the centerline of a bridge on F.M. 3278, a
44	50		calculated point (1) for corner;
45	51		THENCE, S 65°-58'-41" W, with the centerline of said bridge,
46	52		crossing the Trinity River, at approximately 81 varas pass the
47	53		thread of the river, being the west line of Polk and the east line of
48	54		San Jacinto Counties, continuing into San Jacinto County, a total
49	55		distance of 162.23 varas to an intersection with the westerly
50	56		gradient boundary of the Trinity River, being the easterly line of a
51	57		called 83.654 acre tract described in a deed to Camilla
52	58		Investments, LLC recorded as file no. 11-2895, Official Public
53	59		Records of San Jacinto County, Texas, a calculated point (2) for
54	60		corner;
55	61		THENCE, upstream, along the gradient boundary line of the
56	62		Trinity River and Camilla Investments, LLC tract as follows:
57	63		N 33°-29'-26" W - 61.56 varas to a calculated point (3);
58	64		N 26°-08'-31" W - 55.35 varas to a calculated point (4);
59	65		N 01°-09'-23" E - 30.73 varas to a calculated point (5);
60	66		N 67°-48'-31" W - 40.08 varas to a calculated point (6);
61	67		N 87°-15'-04" W - 33.90 varas to a calculated point (7);
62	68		N 63°-29'-18" W - 22.51 varas to a calculated point (8);
63	69		N 82°-54'-23" W - 76.81 varas to a calculated point (9);
64	70		S 89°-06'-28" W - 64.12 varas to a calculated point (10);
65	71		N 82°-15'-24" W - 55.92 varas to a calculated point (11);
66	72		N 73°-39'-03" W - 106.19 varas to a calculated point (12);
67	73		N 68°-28'-53" W - 53.77 varas to a calculated point (13);
68	74		N 53°-42'-21" W - 52.16 varas to a calculated point (14);
69	75		N 82°-20'-38" W - 21.62 varas to a calculated point (15);
70	76		N 60°-18'-18" W - 42.03 varas to a calculated point (16);
71	77		N 39°-06'-13" W - 34.66 varas to a calculated point (17);
72	78		S 59°-49'-36" W - 15.44 varas to a calculated point (18);
73	79		N 73°-02'-44" W - 33.45 varas to a calculated point (19);
74	80		THENCE S 30°-16'-39" W, departing the gradient boundary,
75	81		perpendicular to its general course, at 14.40 varas, set a 5/8" iron
76	82		rod with a 2" diameter aluminum cap stamped "L.E. Woods Texas
77	83		L.S.L.S." for reference point (63), continuing S 30°-16'-39" W, a
78	84		total distance of 75.07 varas to a 1/2" iron rod found, point (20),
79	85		for a north corner of said Camilla Investments, LLC tract and the
80	86		southeast corner of a called 127.72 acre parcel, described as Cause
81	87		No. VIII-A, awarded to the Trinity River Authority (TRA), according
82	88		to Final Decree of Condemnation No. 11,243 recorded in Volume 98,
83	89		page 428, Deed Records of San Jacinto County, Texas;
84	90		THENCE, N 25°-43'-00" W, with the east line of said TRA 127.72
85	91		acre parcel, a distance of 15.08 varas to a calculated point (21);
86	92		THENCE, N 08°05'00" W, continuing with the east line of said
87	93		TRA 127.72 acre parcel, a distance of 166.57 varas to a calculated
88	94		point (22) for its northeast corner and the southeast corner of a
89	95		called 86.25 acre parcel described, as Cause No. VIII-B, in said
90	96		Final Decree of Condemnation No. 11,243 recorded in Volume 98, page
91	97		428, Deed Records of San Jacinto County, Texas;
92	98		THENCE, N 05°-45'-00" W, with the east line of said TRA 86.25
93	99		acre parcel, a distance of 153.76 varas to a calculated point (23);
94	100		THENCE, N 16°-37'-00" E, continuing with the east line of said
95	101		TRA 86.25 acre parcel, a distance of 41.42 varas to its intersection
96	102		with the present gradient boundary line of the Trinity River, a
97	103		calculated point (24);
98	104		THENCE, S 83°25'44" E, along the present gradient boundary
99	105		line of the Trinity River, a distance of 65. 78 varas to a
100	106		calculated point (25);
101	107		THENCE, S 50°-24'-23" E, continuing along the present
102	108		gradient boundary line of the Trinity River, crossing back into
103	109		Polk County, a distance of 39.77 varas to a calculated point (26),
104	110		being on the southwest side of a peninsula lying between the
105	111		original course of the Trinity River and the channel excavated to
106	112		discharge water from the floodgates of the Lake Livingston Dam;
107	113		THENCE, downstream, along the present gradient boundary line
108	114		of the Trinity River on the southwest side of said peninsula as
109	115		follows:
110	116		S 36°-15'-40" E - 19.25 varas to a calculated point (27);
111	117		S 28°-43'-00" E - 25.83 varas to a calculated point (28);
112	118		S 13°-46'-02" E - 22.16 varas to a calculated point (29);
113	119		S 10°-53'-17" E - 32.80 varas to a calculated point (30);
114	120		S 31°-55'-40" E - 66.69 varas to a calculated point (31);
115	121		S 49°-45'-22" E - 42.38 varas to a calculated point (32);
116	122		S 46°-00'-15" E - 54.19 varas to a calculated point (33);
117	123		S 38°-27'-24" E - 65.29 varas to a calculated point (34);
118	124		S 61°-00'-15" E - 70.47 varas to a calculated point (35);
119	125		S 49°-06'-20" E - 45.10 varas to a calculated point (36);
120	126		S 73°-16'-32" E - 32.20 varas to a calculated point (37);
121	127		S 84°-51'-49" E - 79.31 varas to a calculated point (38);
122	128		N 88°-24'-09" E - 55.87 varas to a calculated point (39);
123	129		S 83°-52'-00" E - 38.29 varas to a calculated point (40);
124	130		N 82°-28'-32" E - 20.61 varas to a calculated point (41),
125	131		being the most southeasterly point of said peninsula;
126	132		THENCE, upstream, along the present gradient boundary line of
127	133		the Trinity River on the northeast side of said peninsula, as
128	134		follows:
129	135		N 07°-12'-33" E - 11.90 varas to a calculated point (42);
130	136		N 37°-19'-50" W - 70.06 varas to a calculated point (43);
131	137		N 50°-55'-59" W - 58.16 varas to a calculated point (44);
132	138		N 36°-58'-55" W - 129.71 varas to its intersection with the
133	139		south line of a called 70.62 acre parcel, described as Cause No. II,
134	140		awarded to the Trinity River Authority, according to Final Decree
135	141		of Condemnation No. 11,243 recorded in Volume 211, page 349, Deed
136	142		Records of Polk County, Texas, a calculated point (45);
137	143		THENCE, N 66°-01'-56" E, with a south line of said TRA 70.62
138	144		acre parcel, a distance of 361.41 varas to a calculated point (46)
139	145		for an angle corner of same and the northwest corner of a called
140	146		6.29 acre parcel described, as Cause No. I, in said Final Decree of
141	147		Condemnation No. 11,243 recorded in Volume 211, page 349, Deed
142	148		Records of Polk County, Texas, said point being within the channel
143	149		excavated to discharge water from the floodgates of the Lake
144	150		Livingston Dam;
145	151		THENCE, S 42°-22'-55" E, with the west line of said TRA 6.29
146	152		acre parcel, a distance of 102.75 varas to its intersection with the
147	153		present gradient boundary line, a calculated point (47) for corner;
148	154		THENCE, downstream, along the gradient boundary of the
149	155		Trinity River as follows:
150	156		S 18°-36'-11" E - 39.94 varas to a calculated point (48);
151	157		S 15°-30'-04" E - 34.31 varas to a calculated point (49);
152	158		S 10°-01'-55" E - 49.91 varas to a calculated point (50);
153	159		S 05°-56'-08" W, at 12.39 varas, a calculated point (64),
154	160		being a westerly extension of the south line of said TRA 6.29 acre
155	161		parcel and the northwest corner of the remainder area of Swartout
156	162		Townsite as shown on a Plat recorded in Volume E, page 538, Deed
157	163		Records of Polk County, Texas, said area purportedly owned by Wayne
158	164		R. Baker, and from which a 5/8" iron rod with a 2" diameter aluminum
159	165		cap stamped "L.E. Woods Texas L.S.L.S." set for reference point
160	166		(65), bears N 69°-30'-41" E - 68.40 varas, and a 3" diameter concrete
161	167		monument with a 3\8" iron rod in its center found for the southeast
162	168		comer of said TRA 6.29 acre tract, being reference point (66), bears
163	169		N 69°-30'-41" E - 180.16 varas, continuing S 05°56'08" W, a total
164	170		distance of 30.54 varas to a calculated point (51);
165	171		S 16°-42'-41" E - 24.49 varas to a calculated point (52);
166	172		S 07°-53'-07" E - 27.49 varas to a calculated point (53);
167	173		S 00°-40'-46" W - 28.81 varas to a calculated point (54);
168	174		S 05°-09'-48" E - 25.07 varas to a calculated point (55);
169	175		S 15°-01'-10" W - 58.27 varas to a calculated point (56);
170	176		S 19°-53'-02" E - 13.89 varas to a calculated point (57);
171	177		S 74°-30'-35" E - 13.99 varas to a calculated point (58);
172	178		S 15°-03'-54" E - 7.19 varas to a calculated point (59);
173	179		S 29°-49'-56" W - 18.79 varas to a calculated point (60);
174	180		S 36°-59'-27" E - 15.39 varas to a calculated point (61);
175	181		S 08°-42'-07" E - 27.15 varas to a calculated point (62);
176	182		And S 00°-21'-58" E - 58.92 varas to the Point of Beginning.
177	183		SECTION 3. This Act takes effect immediately if it receives
178	184		a vote of two-thirds of all the members elected to each house, as
179	185		provided by Section 39, Article III, Texas Constitution. If this
180	186		Act does not receive the vote necessary for immediate effect, this
181	187		Act takes effect September 1, 2021.
182		-	______________________________ ______________________________
183		-	President of the Senate Speaker of the House
184		-	I certify that H.B. No. 4664 was passed by the House on May
185		-	14, 2021, by the following vote: Yeas 124, Nays 21, 2 present, not
186		-	voting.
187		-	______________________________
188		-	Chief Clerk of the House
189		-	I certify that H.B. No. 4664 was passed by the Senate on May
190		-	25, 2021, by the following vote: Yeas 31, Nays 0.
191		-	______________________________
192		-	Secretary of the Senate
193		-	APPROVED: _____________________
194		-	Date
195		-	_____________________
196		-	Governor
	188	+	* * * * *