Texas 2021 - 87th Regular

Texas Senate Bill SB782 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 782
	1	+	By: Hinojosa, et al. S.B. No. 782
	2	+	(Herrero)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to authorizing the sale of certain real property by the
6	8		State of Texas to the Port of Corpus Christi Authority of Nueces
7	9		County, Texas.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. (a) The real property described by Section 2 of
10	12		this Act was originally submerged land purchased by the Port of
11	13		Corpus Christi from the State of Texas in 1956 under former Article
12	14		8225, Revised Statutes. Following the conveyance, the submerged
13	15		land was artificially filled and subsequently leased to a third
14	16		party for non-navigation-related purposes. Following litigation
15	17		between the port and the State of Texas, the parties entered into a
16	18		settlement agreement pursuant to which the real property was
17	19		conveyed back to the state. The port now wishes to use the real
18	20		property for navigation-related purposes.
19	21		(b) Subject to Subsections (c), (d), and (e) of this
20	22		section, the State of Texas shall convey the real property
21	23		described by Section 2 of this Act to the Port of Corpus Christi
22	24		Authority of Nueces County, Texas, to be used by the port only for
23	25		purposes reasonably related to the promotion of navigation as
24	26		defined by Section 61.116(b), Water Code.
25	27		(c) The real property described by Section 2 of this Act may
26	28		not be conveyed by the State of Texas to the Port of Corpus Christi
27	29		Authority of Nueces County, Texas, for an amount less than the fair
28	30		market value of the real property. The fair market value of the
29	31		real property must be established by an independent appraisal
30	32		obtained by the asset management division of the General Land
31	33		Office.
32	34		(d) The proceeds from the sale of real property authorized
33	35		by this Act must be paid to the State of Texas for the benefit of the
34	36		permanent school fund. The state shall reserve for the benefit of
35	37		the permanent school fund the state's interest in all oil, gas, and
36	38		other minerals in and under the real property described by Section 2
37	39		of this Act.
38	40		(e) The conveyance of the real property described by Section
39	41		2 of this Act shall be made subject to all valid covenants,
40	42		conditions, reservations, restrictions, rights-of-way, easements,
41	43		and leases, if any, that are recorded or apparent by visual
42	44		inspection.
43	45		(f) The port may not:
44	46		(1) lease the real property described by Section 2 of
45	47		this Act for a use that is not reasonably related to the promotion
46	48		of navigation as defined by Section 61.116(b), Water Code; or
47	49		(2) dispose of the real property except to sell the
48	50		real property to the State of Texas or exchange the real property
49	51		with the State of Texas in accordance with Section 61.117(f), Water
50	52		Code.
51	53		(g) Sections 31.1571, 31.158, and 31.159, Natural Resources
52	54		Code, do not apply to the sale of real property authorized by this
53	55		Act.
54	56		SECTION 2. The real property held by the State of Texas is
55	57		submerged and filled submerged land being 33.26 acres of real
56	58		property, more or less, located in Nueces County, Texas, and more
57	59		particularly described by metes and bounds as follows:
58	60		BEGINNING at a 5/8" steel rod found to replace the original corner
59	61		"P" marking the original meanders of Nueces Bay as shown on said map
60	62		recorded in Volume 1251, Page 340, Deed Records, Nueces County,
61	63		Texas, said corner having coordinates of N 17194856.64, E
62	64		1344097.53, Texas South Zone 4205, NAD 83, combined scale factor
63	65		1.000005016, for an exterior corner in the south line of this tract;
64	66		THENCE, S-66°-42'-47"-W, along said original shoreline meander, a
65	67		distance of 254.92v, 708.10' to a 5/8" steel rod set to replace
66	68		called corner "0" for the most southerly corner of this tract;
67	69		THENCE, N-53°-59'-13"-W, continuing along original shoreline
68	70		meanders, a distance of 147.38v, 409.40' to a point which falls in
69	71		the water for an interior corner in the south line of this tract;
70	72		THENCE, S-85°-15'-47"-W, continuing along original shoreline
71	73		meanders, a distance of 44.86v, 124.60' to a point which falls in
72	74		the water at the intersection of said shoreline meanders with the
73	75		southeast bulkhead line of Canal B as shown on said map for the west
74	76		corner of this tract;
75	77		THENCE, N-31°-34'-47"-E, a distance of 577.00v, 1602.79' to a point
76	78		in the water at the intersection of said Canal B bulkhead line with
77	79		the Rincon Canal bulkhead line for the north corner of this tract;
78	80		THENCE, S-58°-25'-13"-E, a distance of 504.00v, 1400.00' to a point
79	81		in the water at the intersection of said Rincon Canal bulkhead line
80	82		with the Canal A bulkhead line for the east corner of this tract;
81	83		THENCE, S-31°-34'-47"-W, a distance of 142.04v, 394.57' to a point
82	84		in the water at the intersection of said Canal A bulkhead line with
83	85		the original shoreline meanders for the southeast corner of this
84	86		tract;
85	87		THENCE, N-47°-19'-13"-W, along said original shoreline, a distance
86	88		of 204.22v, 567.29' to a 5/8" steel rod set to replace called corner
87	89		"Q" for an interior corner of this tract:
88	90		THENCE, S-25°-36'-47"-W, along said original shoreline, a distance
89	91		of 252.00v, 700.00' to the POINT OF BEGINNING and containing
90	92		33.26-acres of land, more or less.
91	93		SECTION 3. This Act takes effect immediately if it receives
92	94		a vote of two-thirds of all the members elected to each house, as
93	95		provided by Section 39, Article III, Texas Constitution. If this
94	96		Act does not receive the vote necessary for immediate effect, this
95	97		Act takes effect September 1, 2021.
96		-	______________________________ ______________________________
97		-	President of the Senate Speaker of the House
98		-	I hereby certify that S.B. No. 782 passed the Senate on
99		-	April 19, 2021, by the following vote: Yeas 31, Nays 0.
100		-	______________________________
101		-	Secretary of the Senate
102		-	I hereby certify that S.B. No. 782 passed the House on
103		-	May 23, 2021, by the following vote: Yeas 119, Nays 26, two
104		-	present not voting.
105		-	______________________________
106		-	Chief Clerk of the House
107		-	Approved:
108		-	______________________________
109		-	Date
110		-	______________________________
111		-	Governor