SRC-HRD H.B. 2914 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2914
By: Stiles (Galloway)
Natural Resources
5-6-97
Engrossed


DIGEST 

Pleasure Island in Jefferson County has a interesting history dating back
to its creation at the turn of the century. The island is man-made from
the spoils generated by the creation of the intercoastal waterway. The
core of the island was in place by 1908 and it has been fortified,
expanded, and developed since that time. The island is presently divided
into six tracts, some of which are further divided into subtracts. The
City of Port Arthur holds ownership rights to all of the island except the
first designated tract, which is held and maintained by the United States
Corps of Engineers. Mineral rights to the island are owned by the State of
Texas.

The City of Port Arthur acquired the remaining tracts at different times
and in various manners. Some of these tracts are encumbered by
restrictions created by legislation in the 1960s or by the state title at
the time the tracts were transferred. The Port Arthur City Council
appoints the Pleasure Island Commission to oversee the development of the
island. However, due to the current condition of jumbled tracts,
restrictions, and ownership interests, the city and the commission have
been impeded in their development efforts.

H.B. 2914 would allow the City of Port Arthur to purchase all remaining
ownership interests, without restrictions, in Pleasure Island, excluding
tract 1, maintained by the U.S. Corps of Engineers, and all mineral rights
which are reserved to the State of Texas.                     

PURPOSE

As proposed, H.B. 2914 allows the City of Port Arthur to purchase all
remaining ownership interests, without restrictions, in Pleasure Island,
excluding tract 1, maintained by the U.S. Corps of Engineers, and all
mineral rights which are reserved to the State of Texas.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Requires the state, except as provided by Subsection (b) of
this section, to grant and relinquish the state's right, title, and
interest in and to the real property described by Subsection (e) of this
section to the City of Port Arthur if the City of Port Arthur pays the sum
of $25,000 to the General Land Office for the benefit of the permanent
school fund.  Requires the commissioner of the General Land Office
(commissioner), on behalf of the state, to convey the real property by
issuing a patent to the City of Port Arthur.  Requires the commissioner to
reserve certain ownership and easements.  Sets forth certain provisions
that are effective after the real property is conveyed to the City of Port
Arthur.  Provides that all previous grants, leases, easements, or other
conveyances of the real property are confirmed.  Provides that this Act
does not affect the rights or title of any private person or governmental
entity to any part of the real property.  Provides that the patent issued
by the commissioner as authorized by this section enures to the benefit of
the legal owners of the real property.  Sets forth a description regarding
the location of the real property referred to in this section. 

SECTION 2. Provides that the state revokes and cancels all grants made to
the City of Port Arthur in and to the real property described by
Subsection (c) of this section that were executed before the  effective
date of this Act.  Provides that on the date the state executes the
instrument revoking and canceling all grants made to the City of Port
Arthur as provided by Subsection (a) of this section, the real property
becomes property of the permanent school fund.  Provides that the real
property referred to in this section consists of all real property
commonly known as Pleasure Island, which is located in Jefferson County,
Texas, that was conveyed to the City of Port Arthur by legislative act of
this state before the effective date of this Act, excluding the real
property described by SECTION 1(e) of this Act. 

SECTION 3. Requires the commission, after the commissioner issues the
patent as authorized by SECTION 1 of this Act, to cancel certain patents. 

SECTION 4. Repealers:  Chapter 181, Special Laws, Acts of the 42nd
Legislature, Regular Session, 1931; Chapter 22, Acts of the 43rd
Legislature, 1st Called Session, 1933; Chapter 219, Acts of the 54th
Legislature, Regular Session, 1955;  Chapter 206, Acts of the 60th
Legislature, Regular Session, 1967; Chapter 826, Acts of the 73rd
Legislature, Regular Session, 1993; and any law enacted before the
effective date of this Act that is in conflict with this Act, to the
extent of the conflict. 

SECTION 5. Emergency clause.
  Effective date: upon passage.