BILL ANALYSIS


                                                        S.B. 1328
                                                     By: Montford
                                                Natural Resources
                                                          3-30-95
                                     Committee Report (Unamended)
BACKGROUND

In 1975, the legislature conveyed a 70-acre tract of land located
next to the Big Spring State Hospital to the City of Big Spring. 
Current law provides that the property is to be used for a park or
for recreational facilities, and requires the property, if it ever
ceases to be used as a park or recreational facility, to revert
back to the state under the state's revisionary interest.

The City of Big Spring wants the state to release its revisionary
interest so that the city can begin to allow the development of the
property.

PURPOSE

As proposed, S.B. 1328 authorizes the General Land Office to
release the state's revisionary interest in certain real property
located in Howard County.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. (a) Authorizes the General Land Office (office) to
release the state's revisionary interest under Section 2, Chapter
85, Acts of the 64th Legislature, Regular Session, 1975, in the
real property conveyed to the City of Big Spring (city) if the city
and the Texas Department of Mental Health and Mental Retardation
execute a memorandum of understanding ensuring that future use of
the property is compatible with the operation of the Big Spring
State Hospital, the city ensures that the portion of the property
set aside for public use is accessible to persons with
disabilities, and the city pays consideration to the state as
determined by the office.

     (b) Requires the office to determine the amount of
     consideration due by determining the fair market value of the
     property as if the restrictions under Section 2, Chapter 85,
     Acts of the 64th Legislature, Regular Session, 1975, do not
     apply less the fair market value of the property determined as
     if the restrictions apply.
     
     SECTION 2.     Requires the real property referred to in Section 1 to
include specific territory.

SECTION 3. Emergency clause.
           Effective date: upon passage.