SLC C.S.H.B. 2914 75(R)BILL ANALYSIS LAND & RESOURCE MANAGEMENT C.S.H.B. 2914 By: Stiles 4-8-97 Committee Report (Substituted) BACKGROUND 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 intercostal 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 6 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 1960's 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. PURPOSE The purpose of HB 2914 is to 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. 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. GRANT AND RELINQUISHMENT. States that the State of Texas shall grant and relinquish all of its right, title, and interest in the property described in SECTION 3(a) to the City of Port Arthur. SECTION 2. REVOCATION OF GRANT. States that the State of Texas shall revoke and cancel all grants previously made to the City of Port Arthur in and to the property described in SECTION 3(b). Additionally, this section states that upon revocation and cancellation, the property described in SECTION 3(b) of this Act shall become property of the permanent school fund. SECTION 3. DESCRIPTION OF PROPERTY. Provides legal description of property which is affected by this Act. SECTION 4. NATURE OF TITLE CONVEYED BY THE STATE. (a) states that the City of Port Arthur may hold the property described in SECTION 3 (a). (b) states that the property shall no longer be subject to a public use restriction, or any other restriction on its use or disposition by the city, except as provided in SECTION 5 of this Act. SECTION 5. CONVEYANCE OF PROPERTY WITH RESERVATION OF MINERALS AND EASEMENT. This section states that the City of Port Arthur shall pay the General Land Office $25,000 for the benefit of the permanent school fund. Additionally, this section states that the GLO shall retain the mineral rights and certain easements. SECTION 6. CANCELLATION OF ORIGINAL PATENTS. SECTION 7. REPEALER. Repeals certain laws on the effective date of the patent authorized in SECTION 5 of this Act. SECTION 8. SAVINGS CLAUSE. SECTION 9. SEVERABILITY. States that if any section contained in this Act is held unconstitutional by a court, the invalidity of such portion of the Act shall not be construed to affect any other part of this Act. SECTION 10. EMERGENCY CLAUSE. COMPARISON OF ORIGINAL TO SUBSTITUTE CSHB 2914 revokes and cancels grants previously made to the City of Port Arthur in regards to the property described in the Act. The original legislation did not contain these provisions. CSHB 2914 provides a different method of describing the property to be relinquished to the City of Port Arthur. CSHB 2914 references patent records contained in General Land Office records. CSHB 2914 sets forth an amount of $25,0000 to be paid by the City of Port Arthur to the General Land Office for the benefit of the permanent school fund. The original legislation did not set forth a specific amount of money to be paid. CSHB 2914 repeals past legislative Acts that deal with this specific Act. The original legislation did not contain these repealer provisions. CSHB 2914 added a Savings Clause that states, "Nothing in this Act shall be construed to affect the rights or title of any private person or any governmental entity to any portion of the property described in Section 3(a) of this Act". The original Act had no such provision. CSHB 2914 also adds a Severability clause. The original Act had no such provision.