By Haggerty                                      H.B. No. 770

      75R4632 MI-F                           

                                A BILL TO BE ENTITLED

 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, not

3-16     later than September 1, 1997, the department shall convey land of

3-17     equal fair market value to the permanent school fund from other

3-18     lands held by the Parks and Wildlife Department.  The particular

3-19     tracts of land to be conveyed to the permanent school fund shall be

3-20     identified by the mutual agreement of the School Land Board and the

3-21     Parks and Wildlife Department.  Fair market value shall be

3-22     determined by an appraisal of the properties by an appraiser

3-23     mutually agreed to by the School Land Board and the Parks and

3-24     Wildlife Department.

3-25           SECTION 3.  The transfer of land to the permanent school fund

3-26     described in Section 2 of this Act removes the land from the state

3-27     park, wildlife management area, or scientific area and changes the

 4-1     legal boundary of the affected state park, wildlife management

 4-2     area, or scientific area accordingly.

 4-3           SECTION 4.  On or before December 1, 1997, the General Land

 4-4     Office, the School Land Board, and the Parks and Wildlife

 4-5     Department shall develop a plan for the removal or conveyance to

 4-6     the Parks and Wildlife Department pursuant to one or more sales,

 4-7     exchanges, or other transfers of the surface estate in any real

 4-8     property dedicated to the permanent school fund that is located

 4-9     within the boundaries of any tract managed by the Parks and

4-10     Wildlife Department, including a state park, wildlife management

4-11     area, or scientific area but not including a coastal preserve.  The

4-12     plan shall provide for fair market value compensation, in land or

4-13     money, to the permanent school fund.  Fair market value shall be

4-14     determined by an appraisal mutually agreed to by the School Land

4-15     Board and the Parks and Wildlife Department.  Mineral interests and

4-16     submerged lands or tidelands may not be transferred under this

4-17     section.

4-18           SECTION 5.  The importance of this legislation and the

4-19     crowded condition of the calendars in both houses create an

4-20     emergency and an imperative public necessity that the

4-21     constitutional rule requiring bills to be read on three several

4-22     days in each house be suspended, and this rule is hereby suspended,

4-23     and that this Act take effect and be in force from and after its

4-24     passage, and it is so enacted.