87R11260 TYPED
By: Hinojosa S.B. No. 782
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the sale of certain real property by the
State of Texas to the Port of Corpus Christi Authority of Nueces
County, Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The real property described by Section 2 of
this Act was originally submerged land purchased by the Port of
Corpus Christi from the State of Texas in 1956 pursuant to Article
8225, Revised Civil Statutes of Texas. Following the conveyance,
the submerged land was artificially filled and subsequently leased
to a third party for non-navigation related purposes. Following
litigation between the port and the State of Texas, the parties
entered into a settlement agreement pursuant to which the real
property was conveyed back to the State. The port now wishes to use
the real property for navigation-related purposes.
(b) Accordingly, subject to subsections (c), (d), and (e) of
this section, the State of Texas shall convey the real property
described by Section 2 of this Act to the Port of Corpus Christi
Authority of Nueces County, Texas, to be used by the port only for
purposes reasonably related to the promotion of navigation as
defined under Section 61.116(b), Water Code.
(c) The real property described by Section 2 of this Act may
not be conveyed by the State of Texas to the Port of Corpus Christi
Authority of Nueces County, Texas, for an amount less than the fair
market value of the real property. The fair market value of the real
property must be established by an independent appraisal obtained
by the asset management division of the General Land Office.
(d) The proceeds from the sale of real property authorized
by this Act must be paid to the State of Texas for the benefit of the
permanent school fund, including royalties in all oil, gas, and
other minerals in and under the real property described by Section 2
of this Act.
(e) The conveyance of the real property described by Section
2 of this Act shall be made subject to all covenants, conditions,
reservations, restrictions, rights of way, easements and leases, if
any, that are valid, in existence, and of record, or are apparent by
visual inspection.
(f) The port may not lease the real property described by
Section 2 of this Act for a use which is not reasonably related to
the promotion of navigation as defined under Section 61.116(b),
Water Code, and may not dispose of the real property except to sell
or exchange such property with the State of Texas in accordance with
Section 61.117(f), Water Code.
(g) Sections 31.1571, 31.158, and 31.159, Natural Resources
Code, do not apply to the sale of real property authorized by this
Act.
SECTION 2. The real property held by the State of Texas is
submerged and filled submerged land being 33.26 acres of real
property, more or less, located in Nueces County, Texas, and more
particularly described by metes and bounds as follows:
BEGINNING at a 5/8" steel rod found to replace the original
corner "P" marking the original meanders of Nueces Bay as
shown on said map recorded in Volume 1251, Page 340, Deed
Records, Nueces County, Texas, said corner having
coordinates of N 17194856.64, E 1344097.53, Texas South Zone
4205, NAD 83, combined scale factor 1.000005016, for an
exterior corner in the south line of this tract;
THENCE, S-66°-42'-47"-W, along said original shoreline
meander, a distance of 254.92v, 708.10' to a 5/8" steel rod
set to replace called corner "0" for the most southerly
corner of this tract;
THENCE, N-53°-59'-13"-W, continuing along original shoreline
meanders, a distance of 147.38v, 409.40' to a point which
falls in the water for an interior corner in the south line of
this tract;
THENCE, S-85°-15'-47"-W, continuing along original shoreline
meanders, a distance of 44.86v, 124.60' to a point which
falls in the water at the intersection of said shoreline
meanders with the southeast bulkhead line of Canal B as shown
on said map for the west corner of this tract;
THENCE, N-31 °-34'-47"-E, a distance of 577.00v, 1602.79' to a
point in the water at the intersection of said Canal B
bulkhead line with the Rincon Canal bulkhead line for the
north corner of this tract;
THENCE, S-58°-25'-13"-E, a distance of 504.00v, 1400.00' to a
point in the water at the intersection of said Rincon Canal
bulkhead line with the Canal A bulkhead line for the east
corner of this tract;
THENCE, S-31°-34'-47"-W, a distance of 142.04v, 394.57' to a
point in the water at the intersection of said Canal A
bulkhead line with the original shoreline meanders for the
southeast corner of this tract;
THENCE, N-47°-19'-13"-W, along said original shoreline, a
distance of 204.22v, 567.29' to a 5/8" steel rod set to
replace called corner "Q" for an interior corner of this
tract:
THENCE, S-25°-36'-47"-W, along said original shoreline, a
distance of 252.00v, 700.00' to the POINT OF BEGINNING and
containing 33.26-acres of land, more or less.
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, 2021.