SLC C.S.S.B. 728 75(R)BILL ANALYSIS LAND & RESOURCE MANAGEMENT C.S.S.B. 728 By: Nelson (Pitts) 5-5-97 Committee Report (Substituted) BACKGROUND Currently, regulations concerning the Superconducting Super Collider (SSC) research facility fall under the auspices of both the General Land Office (GLO) and the Texas National Research Laboratory Commission (NRLC). NRLC was created in 1985 to make the state's proposal for award of the U.S. Department of Energy's SSC project. After the SSC was awarded to Texas, NRLC began acquiring surface and subsurface acreage for construction and maintenance of the SSC tunnel and related facilities. The U.S. government has terminated the SSC project. NRLC will cease to exist on or before September 1, 1997. Because the NRLC will dissolve in the near future, its authority to manage, control, market, and dispose of the real property interest of the NRLC will likewise terminate. This bill would authorize the commissioner of GLO to deal with the status, control over, and disposition of state property relating to the SSC research facility. Additionally, this bill would transfer certain authority vested in NRLC to GLO. PURPOSE CSSB 728 authorizes the commissioner of the General Land Office (GLO) to deal with the status, control over, and disposition of state property relating to the superconducting super collider research facility. Additionally, this bill transfers authority of the Texas National Research Laboratory Commission relating to the control, marketing, and disposing of real property and interests in real property relating to the superconducting super collider research facility to GLO. RULEMAKING AUTHORITY It is the committee's opinion that this bill does expressly grant additional rulemaking authority to the commissioner in Section 31.308(d) and Section 31.309(d), Natural Resources Code, in order for the commissioner to implement these sections. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 465.018, Government Code, by adding Subsection (d) as follows: (d) Provides that the authority of the commission to manage, control, market, and dispose of real property and interests in real property is transferred to the General Land Office (GLO). Provides that the powers conferred on GLO under this subsection are in addition to and not in derogation of any other legal authority GLO has to acquire, manage, control, market, and dispose of real property. SECTION 2. Amends Subchapter G, Chapter 31, Natural Resources Code, by adding Sections 31.307 through 31.308, as follows: Sec. 31.307. DEDICATION OF ROADS. Authorizes the commissioner to dedicate roads located on the land used as the site for the superconducting super collider research facility to the county in which the roads are located if the commissioner believes that the dedication will enhance the value of remaining state land. Sec. 31.308. CONVEYANCE OF SURFACE AND SUBSURFACE ESTATE. Defines "subsurface estate." Requires the commissioner to convey the state's interest in the subsurface estate underlying the surface estate of land used as the site for the superconducting super collider research facility if the owner of the surface estate pays a sum based on the value of the subsurface estate as determined by the commissioner. Provides that title to the subsurface estate is reunited with the title to the surface estate. Provides that a conveyance of the surface estate of land by the state under this subchapter includes the conveyance of the subsurface estate to the extent of the state's interest in the subsurface estate. Authorizes the commissioner to adopt rules necessary to implement this section. SECTION 3. Amends Subchapter G, Chapter 31, Natural Resources Code, by adding Sec. 31.309 as follows: Sec. 31.309. PREFERENCE RIGHT TO PURCHASE CERTAIN LAND. Provides that a person or the person's heirs who conveyed land to the state for use by the superconducting super collider research facility has a preference right to purchase the same tract of land previously conveyed before the tract is offered for sale by the state to any other person. Requires a person who has a preference right under this section to pay at least the fair market value for the land as determined by an appraisal conducted by GLO. Provides that this section does not apply to a subsurface estate as defined by Section 31.308. Authorizes the commissioner to adopt rules necessary to implement this section. SECTION 4. Amends Sec. 23.46(c), Tax Code, by inserting language that states that for purposes of this subsection, the chief appraiser may not consider any period during which land is owned by the state in determining whether the land has been diverted to a nonagricultural use. SECTION 5. Amends Sec. 23.55(a), Tax Code, by inserting language that states for purposes of this subsection, the chief appraiser may not consider any period during which land is owned by the state in determining whether a change in the use of the land has occurred. SECTION 6. (a) States that except as provided by subsection (b) of this section, this Act takes effect September 1, 1997. (b) SECTION 3 of this Act takes effect September 1, 1998. SECTION 7. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE CSSB 728 amends the original relating clause to read as follows: "relating to the management, control, disposition, and status of certain state land, including land owned or used for the site of the superconducting super collider research facility." CSSB 728 amends Sec. 23.46(c), Tax Code, by inserting language that states that for purposes of this subsection, the chief appraiser may not consider any period during which land is owned by the state in determining whether the land has been diverted to a nonagricultural use. The original legislation did not contain this provision. CSSB 728 amends Sec. 23.55(a), Tax Code, by inserting language that states for purposes of this subsection, the chief appraiser may not consider any period during which land is owned by the state in determining whether a change in the use of the land has occurred. The original legislation did not contain this provision. CSSB 728 amended the effective date to state that SECTION 3 of this Act goes into effect September 1, 1998. The original legislation did not contain this provision.