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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 81(R)

House Bill 3202

House Author:  Bonnen

Effective:  Vetoed

Senate Sponsor:  Jackson, Mike


            House Bill 3202 requires the Texas Department of Criminal Justice (TDCJ) to transfer to Brazoria County, by an appropriate instrument of transfer, approximately 332 acres of real property described in the bill not later than January 1, 2010. The bill requires TDCJ to transfer to the City of Houston, by an appropriate instrument, approximately 888 square feet of real property described in the bill not later than October 31, 2010. The bill requires consideration for the transfer to be in the form of an agreement between the parties that requires Brazoria County or the City of Houston, respectively, to use the property in a manner that primarily promotes a public purpose that benefits the public interest of the state. The bill specifies that  if Brazoria County or the City of Houston, respectively, fails to use the property in the manner described by the agreement for more than 180 continuous days, ownership of the property automatically reverts to TDCJ.

      Reason Given for Veto: 'House Bill No. 3202 directs the Texas Department of Criminal Justice (TDCJ) to transfer approximately 332 acres of land to Brazoria County and a fraction of an acre to the City of Houston.

      'House Bill No. 3202 is different from comparable legislation that transfers TDCJ land because it does not require the payment of fair market value for the land, does not exchange land for other real property and does not involve land that a local government had donated to the state for construction of a prison. In fact, House Bill No. 3202 transfers land that has been held by the state since 1918 to a county without providing any compensation to the state for the loss of the land. Because the public expects the state to be a good steward of its resources, I am vetoing House Bill No. 3202.

      'I encourage the county to work with TDCJ to accomplish this transfer through existing mechanisms that establish the fair market value of the land and allow state taxpayers to realize a benefit from the transfer of the land.'