BILL ANALYSIS

H.B. 4664

By: Bailes

Land & Resource Management

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Trinity River Authority of Texas desires to acquire additional submerged land owned by the state downstream of the Lake Livingston Dam so that it may manage its use for public safety purposes. In addition, the acquisition will enable the authority to address homeland security concerns associated with public access to areas close to the dam. H.B. 4664 authorizes the sale of the applicable property to the authority.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4664 requires the state to offer to convey real property specified by the bill to the Trinity River Authority of Texas not later than December 31, 2021. The bill requires the fair market value of the real property to be established by an independent appraisal obtained by the asset management division of the General Land Office (GLO) and prohibits the conveyance of the real property for an amount less than the fair market value. The bill requires the proceeds from the sale to be deposited to the credit of the permanent school fund. The bill provides the following with respect to the conveyance of the real property:

· the conveyance must be made subject to all valid covenants, conditions, reservations, restrictions, rights-of-way, easements, and leases, if any, that are recorded or apparent by visual inspection; and

· the conveyance must reserve to the state, for the use and benefit of the permanent school fund, all right, title, and interest in all oil, gas, and other minerals in and under the real property.

H.B. 4664 makes the following statutory provisions inapplicable to the sale of real property under the bill's provisions:

· provisions relating to real estate transactions recommended to the governor by the GLO commissioner involving unused or substantially underused state property;

· provisions requiring the asset management division to take possession and control of real property for which a real estate transaction has been authorized by the legislature and to negotiate and close the transaction on behalf of the state; and

· provisions granting the School Land Board a first option to purchase real property authorized for sale by the legislature or governor.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2021.