BILL ANALYSIS



C.S.H.B. 1976
By: Janek
April 30, 1995
Committee Report (Substituted)


BACKGROUND

For over 30 years, the City of Bellaire (in the southwest Houston
area) has maintained a small strip of land owned by the State as a
public park.  This park area is approximately one-half acre.

PURPOSE

HB 1976 would allow the Texas Department of Transportation to
convey the small tract of land to the City of Bellaire to be used
as a public park.

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.

SECTION BY SECTION ANALYSIS

SECTION 1  Requires the Texas Department of Transportation to
           convey without compensation the park property described
           in this Act to the City of Bellaire.  The conveyance
           will also include improvements on the property.  The
           conveyance is in recognition of the city's longtime
           maintenance of the park.  It is also stated that Section
           31.158, Natural Resource Code, and Aricle 6673a, Revised
           Statutes, do not apply to this conveyance.

SECTION 2  Provides that title to the property will revert to the
           state if it ceases to be used as a park.

SECTION 3  Physical description of the property to be conveyed.

SECTION 4  Emergency clause.  Effective upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute makes the conveyance mandatory, rather than
permissive, and provides that the conveyance will be made without
compensation.  The substitute also adds the reversionary provision,
which states that title will revert to the state if the property
ceases to be used as a park.

SUMMARY OF COMMITTEE ACTION

H.B. 1976 was considered by the committee in a public hearing on
April 11, 1995.

The following person testified in favor of the bill:

           Representative Kyle Janek.

The following person testified neutrally on the bill:

           Gary Bernethy, representing the Texas Department of
           Transportation.

The bill was left pending.

H.B. 1976 was considered by the committee in a public hearing on
April 25, 1995.

The committee considered a complete substitute for the bill.  The
substitute was adopted without objection.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 6
ayes, 0 nays, 0 pnv, 3 absent.