1-1 AN ACT
1-2 relating to the acquisition by the Parks and Wildlife Department of
1-3 real property owned by the permanent school fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. According to the provisions of this Act, there is
1-6 hereby transferred to the Parks and Wildlife Department all of the
1-7 interest of the permanent school fund in the surface and all of the
1-8 oil, gas, and other minerals in that portion of the A.G. McMath
1-9 Survey No. 298 in El Paso County, Texas, included within the
1-10 boundaries of the Franklin Mountains State Park and subject to the
1-11 provisions of Section 2, Chapter 383, Acts of the 71st Legislature,
1-12 Regular Session, 1989. There is further transferred to the Parks
1-13 and Wildlife Department all of the interest of the permanent school
1-14 fund in all of the oil, gas, and other minerals in the following
1-15 tracts to the extent that these tracts are included within Franklin
1-16 Mountains State Park in El Paso County, Texas (as the boundaries of
1-17 the park are established in Section 2, Chapter 736, Acts of the
1-18 66th Legislature, 1979, as amended by Section 2, Chapter 860, Acts
1-19 of the 67th Legislature, Regular Session, 1981, and Sections 1 and
1-20 2, Chapter 383, Acts of the 71st Legislature, Regular Session,
1-21 1989):
1-22 (1) Clara Mundy Survey No. 251;
1-23 (2) Clara A. Mundy Survey No. 252;
1-24 (3) Clara A. Mundy Survey No. 253;
2-1 (4) J.A. Rogers Survey No. 400;
2-2 (5) W.P. Paschal Survey No. 277;
2-3 (6) A.G. McMath Survey No. 296;
2-4 (7) A.G. McMath Survey No. 297;
2-5 (8) A.G. McMath Survey No. 299;
2-6 (9) A.G. McMath Survey No. 300;
2-7 (10) A.G. McMath Survey No. 301;
2-8 (11) A.G. McMath Survey No. 306;
2-9 (12) H.G. Foster Survey No. 259;
2-10 (13) H.G. Foster Survey No. 260;
2-11 (14) H.G. Foster Survey No. 261;
2-12 (15) A.F. Miller Survey No. 217;
2-13 (16) Lee Moor Survey No. 221;
2-14 (17) Lee Moor Survey No. 222;
2-15 (18) Eli Nations Survey No. 271;
2-16 (19) Eli Nations Survey No. 272;
2-17 (20) S.J. Larkin Survey No. 268;
2-18 (21) S.J. Larkin Survey No. 269;
2-19 (22) S.J. Larkin Survey No. 270;
2-20 (23) Section 4, Block 81, Township 1, Texas and
2-21 Pacific Railway Company Survey;
2-22 (24) Section 6, Block 81, Township 1, Texas and
2-23 Pacific Railway Company Survey;
2-24 (25) Section 8, Block 81, Township 1, Texas and
2-25 Pacific Railway Company Survey;
2-26 (26) Section 16, Block 81, Township 1, Texas and
2-27 Pacific Railway Company Survey;
3-1 (27) Section 24, Block 81, Township 1, Texas and
3-2 Pacific Railway Company Survey;
3-3 (28) Section 6, Block 81, Township 2, Texas and
3-4 Pacific Railway Company Survey;
3-5 (29) Section 14, Block 81, Township 2, Texas and
3-6 Pacific Railway Company Survey;
3-7 (30) Section 2, Block 82, Township 1, Texas and
3-8 Pacific Railway Company Survey;
3-9 (31) Section 4, Block 82, Township 1, Texas and
3-10 Pacific Railway Company Survey; and
3-11 (32) Section 8, Block 82, Township 1, Texas and
3-12 Pacific Railway Company Survey.
3-13 SECTION 2. In compensation to the permanent school fund for
3-14 the surface and mineral interests transferred to the Parks and
3-15 Wildlife Department as described in Section 1 of this Act, the
3-16 following interests and tracts of the Parks and Wildlife Department
3-17 are transferred to the permanent school fund, to be managed in the
3-18 same manner as other permanent school fund property:
3-19 (1) an undivided 50 percent interest in full and
3-20 partial interests in 28 tracts comprising approximately 6,255.00
3-21 acres of land located on Matagorda Peninsula in Matagorda County,
3-22 Texas, as those full and partial interests, and the 28 tracts, are
3-23 further described in the deed dated June 3, 1987, recorded in
3-24 Volume 152, Page 857, Official Records of Matagorda County, and
3-25 which undivided 50 percent interest is hereby reunited with the
3-26 permanent school fund's undivided 50 percent interest in the same
3-27 full and partial interests;
4-1 (2) the partial interests in two tracts comprising
4-2 approximately 796.5 acres of land (being part of a larger
4-3 approximately 6,255.00-acre tract) located on Matagorda Peninsula
4-4 in Matagorda County, Texas, as those partial interests are further
4-5 described in two deeds, both dated October 19, 1990, one recorded
4-6 as document 7329, at 271-906, and the other as document 7330, at
4-7 271-908, in the official records of Matagorda County, Texas; and
4-8 (3) approximately 484.77 acres of land located on
4-9 Follets Island in Brazoria County, Texas, being all of that land
4-10 conveyed to the Parks and Wildlife Department described as four
4-11 tracts in two deeds, both dated October 17, 1984, one recorded as
4-12 document 85 90 219-227 and the other as document 85 90 228-237 in
4-13 the official records of Brazoria County, Texas.
4-14 SECTION 3. The Legislature finds that the fair market values
4-15 of the interests transferred into and out of the permanent school
4-16 fund pursuant to Sections 1 and 2 of this Act are equivalent.
4-17 SECTION 4. The transfer of land to the permanent school fund
4-18 described in Section 2 of this Act removes the land from the state
4-19 park, wildlife management area, or scientific area and changes the
4-20 legal boundary of the affected state park, wildlife management
4-21 area, or scientific area accordingly.
4-22 SECTION 5. On or before December 1, 1997, the General Land
4-23 Office, the School Land Board, and the Parks and Wildlife
4-24 Department shall develop a plan for the removal or conveyance to
4-25 the Parks and Wildlife Department pursuant to one or more sales,
4-26 exchanges, or other transfers of the surface estate in any real
4-27 property dedicated to the permanent school fund that is located
5-1 within the boundaries of any tract managed by the Parks and
5-2 Wildlife Department, including a state park, wildlife management
5-3 area, or scientific area but not including a coastal preserve. The
5-4 plan shall provide for fair market value compensation, in land or
5-5 money, to the permanent school fund. Fair market value shall be
5-6 determined by an appraisal mutually agreed to by the School Land
5-7 Board and the Parks and Wildlife Department. Mineral interests and
5-8 submerged lands or tidelands may not be transferred under this
5-9 section.
5-10 SECTION 6. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended,
5-15 and that this Act take effect and be in force from and after its
5-16 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 770 was passed by the House on May 7,
1997, by the following vote: Yeas 139, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 770 was passed by the Senate on May
16, 1997, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor