SRC-JFA C.S.S.B. 728 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 728
By: Nelson
Natural Resources
4-6-97
Committee Report (Substituted)


DIGEST 

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

As proposed, C.S.S.B. 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

Rulemaking authority is granted to the commissioner of the General Land
Office in SECTION 2 (Sections 31.308(d) and 31.309(d), Natural Resources
Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 465.018, Government Code, by adding Subsection
(d), to provide that the authority of the Texas Natural Research
Laboratory Commission (NRLC) 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 Chapter 31G, Natural Resources Code, by adding Sections
31.307 - 31.309, as follows:  

Sec. 31.307.  DEDICATION OF ROADS.  Authorizes the commissioner of GLO
(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.   

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 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Revises proposed relating clause.  

SECTION 1. 

Amends Section 465.018, Government Code, to set forth and revise the
transfer or power and authority between NRLC and GLO, originally set forth
in SECTION 4, amending Chapter 31, Natural Resources Code.  

SECTION 2.

Amends Chapter 31G, Natural Resources Code, to set forth and revise the
proposed provisions relating to the disposition of certain state land used
as the site for the superconducting super collider research facility,
originally set forth in SECTIONS 1, 2, and 3, amending Chapter 31, Natural
Resources Code.  

SECTION 3. 

Sets forth the effective date, originally set forth in SECTION 5. 

 SECTION 4.

Sets forth the emergency clause, originally set forth in SECTION 5.