1-1  By:  Madla                                             S.B. No. 331
    1-2        (In the Senate - Filed February 11, 1993; February 15, 1993,
    1-3  read first time and referred to Committee on Natural Resources;
    1-4  May 12, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 0; May 12, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Sims               x                               
   1-10        Truan              x                               
   1-11        Armbrister         x                               
   1-12        Barrientos         x                               
   1-13        Bivins             x                               
   1-14        Brown              x                               
   1-15        Carriker           x                               
   1-16        Lucio              x                               
   1-17        Montford                                      x    
   1-18        Ratliff                                       x    
   1-19        Shelley            x                               
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 331                    By:  Lucio
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the conveyance of certain state-owned real property in
   1-24  Wilson County.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  CONVEYANCES REQUIRED.  (a)  The Parks and
   1-27  Wildlife Department shall convey, on behalf of the state, all of
   1-28  the interest of the state in the real property, retaining,
   1-29  reserving, and excepting for the state all minerals, in and under
   1-30  the land, owned by the state, described by Section 2 of this Act to
   1-31  the federal government for administration by the National Park
   1-32  Service as a national park.
   1-33        (b)  The conveyances required by this section are contingent
   1-34  on the written agreement of the federal government to grant the
   1-35  Parks and Wildlife Department, on behalf of the state, a right of
   1-36  first refusal to the real property described by Section 2 of this
   1-37  Act should the federal government decide to convey the property.
   1-38        (c)  The conveyances required by this section must be
   1-39  completed by special warranty deed.  Any expenses incurred by a
   1-40  party to the conveyances shall be borne by that party.
   1-41        (d)  The conveyances required by this section must be
   1-42  completed not later than the 60th day after the date on which the
   1-43  Parks and Wildlife Department receives from the secretary of the
   1-44  interior a written request for conveyance of both tracts of land
   1-45  described by Section 2 of this Act.
   1-46        (e)  Section 31.158,  Natural Resources Code, does not apply
   1-47  to the conveyances required by this Act.
   1-48        SECTION 2.  PROPERTY DESCRIPTION.  The real property required
   1-49  to be conveyed by Section 1 of this Act is:
   1-50              (1)  A 55.180 acre tract described as all of that
   1-51  certain tract or parcel of land out of the Maria Calvillo Two
   1-52  League Survey No. 22, Wilson County, Texas, and being 55.180 acres
   1-53  of land out of that certain 200 acre tract of land conveyed by
   1-54  Viola George Shives, et vir, to Winston L. Southern, et ux, by deed
   1-55  dated September 22, 1970, and recorded in Volume 432 on pages 17-19
   1-56  of the Deed Records of Wilson County, Texas, and described more
   1-57  particularly by metes and bounds as follows:
   1-58  FROM the South corner of the Maria Calvillo Two League Survey No.
   1-59  22;
   1-60        THENCE N. 37 43' W. 7,920.5 feet to an iron pin and corner
   1-61  post in the East line of a County Road, set for the South corner of
   1-62  that certain 171 acre tract of land conveyed by Ed. J. Kneupper, et
   1-63  ux, to Henry W. Krueger, Jr., et ux, by deed dated January 20, 1975
   1-64  and recorded in Volume 472 on page 772 of the Deed Records of
   1-65  Wilson County, Texas, for the West corner of the above described
   1-66  Winston L. Southern, et ux, 200 acre tract, for the West corner and
   1-67  POINT OF BEGINNING of the herein described 55.180 acre tract;
   1-68        THENCE with the fence, the Southeast line of the said Henry
    2-1  W. Krueger, Jr., et ux, 171 acre tract, the Northwest line of the
    2-2  above said Winston L. Southern, et ux, 200 acre tract, N. 48 31'
    2-3  E. 3,711.06 feet and N. 48 46' E. 1,055.30 feet to an iron pin and
    2-4  corner post in the Southwest line of that certain 265 acre tract of
    2-5  land conveyed by Troy E. Talley, et ux, to Egon A. Schneider by
    2-6  deed dated February 3, 1962 and recorded in Volume 353 on page 438
    2-7  of the Deed Records of Wilson County, Texas, set for the East
    2-8  corner of the above said Henry W. Krueger, Jr., et ux, 171 acre
    2-9  tract, for the North corner of the said Winston L. Southern, et ux,
   2-10  200 acre tract, for the West corner of a 43.972 acre tract of land
   2-11  to be conveyed by Egon A. Schneider to the State of Texas, for the
   2-12  North corner of this tract;
   2-13        THENCE with the common line between the said Egon A.
   2-14  Schneider, 265 acre tract and the Winston L. Southern, et ux, 200
   2-15  acre tract, the common line between the said 43.972 acre tract and
   2-16  this 55.180 acre tract, S. 21 21' E. 1,434.50 feet to an iron pin
   2-17  and angle post, and S. 67 20' E. 179.90 feet to an iron pin in the
   2-18  West bank of Picosa Creek, the North bank of the San Antonio River,
   2-19  set for the Northernmost East corner of the said Winston L.
   2-20  Southern, et ux, 200 acre tract, the South corner of the said Egon
   2-21  A. Schneider 265 acre tract, the South corner of the said 43.972
   2-22  acre tract, the Northernmost East corner of this tract;
   2-23        THENCE with the West bank and water's edge of the San Antonio
   2-24  River, S. 24 18' W. 205.30 feet, and S. 05 53' 30" E. 278.03 feet
   2-25  to a point, the North corner of that certain 120 acre tract of land
   2-26  conveyed by S. W. Seale, et ux, to Elizabeth Anne Seale Woolsey, et
   2-27  vir, by deed dated October 30, 1974 and recorded in Volume 470 on
   2-28  pages 541-543 of the Deed Records of Wilson County, Texas, for the
   2-29  Southernmost East corner of the said Winston L. Southern, et ux,
   2-30  200 acre tract, for the Southernmost East corner of this tract;
   2-31        THENCE with the common line between the said Elizabeth Anne
   2-32  Seale Woolsey, et vir, 120 acre tract and the said Winston L.
   2-33  Southern, et ux, 200 acre tract, S. 46 46' W. 88.64 feet to an
   2-34  iron pin set on the Northwest side of an 18" Elm;
   2-35        THENCE with the fence, the common line between the said
   2-36  Elizabeth Anne Seale Woolsey, et vir, 120 acre tract and the said
   2-37  Winston L. Southern, et ux, 200 acre tract, S. 46 46' W. 346.0
   2-38  feet, and S. 48 23' W. 632.11 feet to a point, the Northernmost
   2-39  South corner of this 55.180 acre tract;
   2-40        THENCE severing the land of the subject owner, N. 18 37' W.,
   2-41  at 471.17 feet to an iron pin and corner post, and with the fence,
   2-42  a total distance of 1,886.45 feet to a point, a re-entrant corner
   2-43  of this tract, said point being 100 feet from the Northwest line of
   2-44  the said Winston L. Southern, et ux, 200 acre tract;
   2-45        THENCE parallel with and at a distance of 100.0 feet from the
   2-46  Northwest line of the said Winston L. Southern, et ux, 200 acre
   2-47  tract, S. 48 31' W. 3,712.15 feet to a point, in the East line of
   2-48  the afore said County Road, the West line of the said Winston L.
   2-49  Southern, et ux, 200 acre tract, the Southernmost South corner of
   2-50  this tract;
   2-51        THENCE with the East line of the said County Road, the West
   2-52  line of the said Winston L. Southern, et ux, 200 acre tract, N. 17
   2-53  53' W. 109.13 feet to the place of beginning; and
   2-54              (2)  A 43.972 acre tract described as all of that
   2-55  certain tract or parcel of land out of the Maria Calvillo Two
   2-56  League Survey No. 22, Wilson County, Texas, and being 43.972 acres
   2-57  of land out of that certain 265 acre tract of land conveyed by Troy
   2-58  E. Talley, et ux, to Egon A. Schneider by deed dated February 3,
   2-59  1962, and recorded in Volume 353 on page 438 of the Deed Records of
   2-60  Wilson County, Texas, and described more particularly by metes and
   2-61  bounds as follows:
   2-62        BEGINNING at a concrete monument in the West bank of Picosa
   2-63  Creek, the North bank of the San Antonio River, set for the
   2-64  Northernmost East corner of that certain 200 acre tract of land
   2-65  conveyed by Viola George Shives, et vir, to Winston L. Southern, et
   2-66  ux, by deed dated September 22, 1970 and recorded in Volume 432 on
   2-67  pages 17-19 of the Deed Records of Wilson County, Texas, for the
   2-68  Northernmost East corner of a 55.180 acre tract of land to be
   2-69  conveyed by Winston L. Southern, et ux, to the State of Texas, for
   2-70  the South corner of the herein described 43.972 acre tract;
    3-1        THENCE with the fence, the common line between the said
    3-2  Winston L. Southern, et ux, 200 acre tract and the said Egon A.
    3-3  Schneider 265 acre tract, the common line between the said 55.180
    3-4  acre tract and this tract, N. 67 20' W., at 169.90 feet a brass
    3-5  disc in concrete marked RC5, in all a total distance of 179.90 feet
    3-6  to an iron pin and corner post, and N. 2121'W.1,434.50 feet to an
    3-7  iron pin and corner post set for the East corner of the Henry W.
    3-8  Krueger, Jr. et ux, 171 acre tract of land, for the North corner of
    3-9  the said Winston L. Southern, et ux, 200 acre tract, for the West
   3-10  corner of this tract;
   3-11        THENCE severing the land of the subject owner, S. 87 51' E.,
   3-12  at 10.0 feet a bras disc in concrete marked RC1, at 1,043.09 feet a
   3-13  concrete monument, in all a total distance of 1,630.49 feet to a
   3-14  concrete monument in the South bank and water's edge of the San
   3-15  Antonio River, the North line of the Egon A. Schneider 265 acre
   3-16  tract, set for the North corner of this tract;
   3-17        THENCE with the Westerly bank and water's edge of the San
   3-18  Antonio River, the Easterly line of the said Egon A. Schneider 265
   3-19  acre tract, downstream as follows:  S. 71 02' E. 203.0 feet, S.
   3-20  81 17' 30" E. 136.73 feet, S. 53 39' 30" E. 142.64 feet, S. 38
   3-21  04' 30" E. 92.27 feet, S. 17 04' 30" E. 103.70 feet, S. 06 31'
   3-22  30" E. 70.39 feet, S. 17 20' W 70.60 feet, S. 37 15' W. 157.80
   3-23  feet, S. 45 29' W. 54.71 feet, S. 64 48' W. 518.15 feet, S. 57
   3-24  10' W. 94.59 feet, S. 56 13' W. 174.60 feet, S. 64 44' W. 256.37
   3-25  feet, S. 65 39' W. 90.42 feet, S. 59 01' W. 138.26 feet, S. 61
   3-26  27' W. 144.32 feet, and S. 57 47' 30" W. 82.68 feet to the place
   3-27  of beginning.
   3-28        SECTION 3.  The importance of this legislation and the
   3-29  crowded condition of the calendars in both houses create an
   3-30  emergency and an imperative public necessity that the
   3-31  constitutional rule requiring bills to be read on three several
   3-32  days in each house be suspended, and this rule is hereby suspended,
   3-33  and that this Act take effect and be in force from and after its
   3-34  passage, and it is so enacted.
   3-35                               * * * * *
   3-36                                                         Austin,
   3-37  Texas
   3-38                                                         May 12, 1993
   3-39  Hon. Bob Bullock
   3-40  President of the Senate
   3-41  Sir:
   3-42  We, your Committee on Natural Resources to which was referred S.B.
   3-43  No. 331, have had the same under consideration, and I am instructed
   3-44  to report it back to the Senate with the recommendation that it do
   3-45  not pass, but that the Committee Substitute adopted in lieu thereof
   3-46  do pass and be printed.
   3-47                                                         Sims,
   3-48  Chairman
   3-49                               * * * * *
   3-50                               WITNESSES
   3-51                                                  FOR   AGAINST  ON
   3-52  ___________________________________________________________________
   3-53  Name:  Ron Holliday                                            x
   3-54  Representing:  Tx Parks & Wildlife
   3-55  City:  Austin
   3-56  -------------------------------------------------------------------
   3-57  Name:  Robert Amdor                                            x
   3-58  Representing:  National Park Service
   3-59  City:  San Antonio
   3-60  -------------------------------------------------------------------