1-1 By: Haggerty (Senate Sponsor - Shapleigh) H.B. No. 770 1-2 (In the Senate - Received from the House May 8, 1997; 1-3 May 12, 1997, read first time and referred to Committee on Natural 1-4 Resources; May 15, 1997, reported favorably by the following vote: 1-5 Yeas 11, Nays 0; May 15, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the acquisition by the Parks and Wildlife Department of 1-9 real property owned by the permanent school fund. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. According to the provisions of this Act, there is 1-12 hereby transferred to the Parks and Wildlife Department all of the 1-13 interest of the permanent school fund in the surface and all of the 1-14 oil, gas, and other minerals in that portion of the A.G. McMath 1-15 Survey No. 298 in El Paso County, Texas, included within the 1-16 boundaries of the Franklin Mountains State Park and subject to the 1-17 provisions of Section 2, Chapter 383, Acts of the 71st Legislature, 1-18 Regular Session, 1989. There is further transferred to the Parks 1-19 and Wildlife Department all of the interest of the permanent school 1-20 fund in all of the oil, gas, and other minerals in the following 1-21 tracts to the extent that these tracts are included within Franklin 1-22 Mountains State Park in El Paso County, Texas (as the boundaries of 1-23 the park are established in Section 2, Chapter 736, Acts of the 1-24 66th Legislature, 1979, as amended by Section 2, Chapter 860, Acts 1-25 of the 67th Legislature, Regular Session, 1981, and Sections 1 and 1-26 2, Chapter 383, Acts of the 71st Legislature, Regular Session, 1-27 1989): 1-28 (1) Clara Mundy Survey No. 251; 1-29 (2) Clara A. Mundy Survey No. 252; 1-30 (3) Clara A. Mundy Survey No. 253; 1-31 (4) J.A. Rogers Survey No. 400; 1-32 (5) W.P. Paschal Survey No. 277; 1-33 (6) A.G. McMath Survey No. 296; 1-34 (7) A.G. McMath Survey No. 297; 1-35 (8) A.G. McMath Survey No. 299; 1-36 (9) A.G. McMath Survey No. 300; 1-37 (10) A.G. McMath Survey No. 301; 1-38 (11) A.G. McMath Survey No. 306; 1-39 (12) H.G. Foster Survey No. 259; 1-40 (13) H.G. Foster Survey No. 260; 1-41 (14) H.G. Foster Survey No. 261; 1-42 (15) A.F. Miller Survey No. 217; 1-43 (16) Lee Moor Survey No. 221; 1-44 (17) Lee Moor Survey No. 222; 1-45 (18) Eli Nations Survey No. 271; 1-46 (19) Eli Nations Survey No. 272; 1-47 (20) S.J. Larkin Survey No. 268; 1-48 (21) S.J. Larkin Survey No. 269; 1-49 (22) S.J. Larkin Survey No. 270; 1-50 (23) Section 4, Block 81, Township 1, Texas and 1-51 Pacific Railway Company Survey; 1-52 (24) Section 6, Block 81, Township 1, Texas and 1-53 Pacific Railway Company Survey; 1-54 (25) Section 8, Block 81, Township 1, Texas and 1-55 Pacific Railway Company Survey; 1-56 (26) Section 16, Block 81, Township 1, Texas and 1-57 Pacific Railway Company Survey; 1-58 (27) Section 24, Block 81, Township 1, Texas and 1-59 Pacific Railway Company Survey; 1-60 (28) Section 6, Block 81, Township 2, Texas and 1-61 Pacific Railway Company Survey; 1-62 (29) Section 14, Block 81, Township 2, Texas and 1-63 Pacific Railway Company Survey; 1-64 (30) Section 2, Block 82, Township 1, Texas and 2-1 Pacific Railway Company Survey; 2-2 (31) Section 4, Block 82, Township 1, Texas and 2-3 Pacific Railway Company Survey; and 2-4 (32) Section 8, Block 82, Township 1, Texas and 2-5 Pacific Railway Company Survey. 2-6 SECTION 2. In compensation to the permanent school fund for 2-7 the surface and mineral interests transferred to the Parks and 2-8 Wildlife Department as described in Section 1 of this Act, the 2-9 following interests and tracts of the Parks and Wildlife Department 2-10 are transferred to the permanent school fund, to be managed in the 2-11 same manner as other permanent school fund property: 2-12 (1) an undivided 50 percent interest in full and 2-13 partial interests in 28 tracts comprising approximately 6,255.00 2-14 acres of land located on Matagorda Peninsula in Matagorda County, 2-15 Texas, as those full and partial interests, and the 28 tracts, are 2-16 further described in the deed dated June 3, 1987, recorded in 2-17 Volume 152, Page 857, Official Records of Matagorda County, and 2-18 which undivided 50 percent interest is hereby reunited with the 2-19 permanent school fund's undivided 50 percent interest in the same 2-20 full and partial interests; 2-21 (2) the partial interests in two tracts comprising 2-22 approximately 796.5 acres of land (being part of a larger 2-23 approximately 6,255.00-acre tract) located on Matagorda Peninsula 2-24 in Matagorda County, Texas, as those partial interests are further 2-25 described in two deeds, both dated October 19, 1990, one recorded 2-26 as document 7329, at 271-906, and the other as document 7330, at 2-27 271-908, in the official records of Matagorda County, Texas; and 2-28 (3) approximately 484.77 acres of land located on 2-29 Follets Island in Brazoria County, Texas, being all of that land 2-30 conveyed to the Parks and Wildlife Department described as four 2-31 tracts in two deeds, both dated October 17, 1984, one recorded as 2-32 document 85 90 219-227 and the other as document 85 90 228-237 in 2-33 the official records of Brazoria County, Texas. 2-34 SECTION 3. The Legislature finds that the fair market values 2-35 of the interests transferred into and out of the permanent school 2-36 fund pursuant to Sections 1 and 2 of this Act are equivalent. 2-37 SECTION 4. The transfer of land to the permanent school fund 2-38 described in Section 2 of this Act removes the land from the state 2-39 park, wildlife management area, or scientific area and changes the 2-40 legal boundary of the affected state park, wildlife management 2-41 area, or scientific area accordingly. 2-42 SECTION 5. On or before December 1, 1997, the General Land 2-43 Office, the School Land Board, and the Parks and Wildlife 2-44 Department shall develop a plan for the removal or conveyance to 2-45 the Parks and Wildlife Department pursuant to one or more sales, 2-46 exchanges, or other transfers of the surface estate in any real 2-47 property dedicated to the permanent school fund that is located 2-48 within the boundaries of any tract managed by the Parks and 2-49 Wildlife Department, including a state park, wildlife management 2-50 area, or scientific area but not including a coastal preserve. The 2-51 plan shall provide for fair market value compensation, in land or 2-52 money, to the permanent school fund. Fair market value shall be 2-53 determined by an appraisal mutually agreed to by the School Land 2-54 Board and the Parks and Wildlife Department. Mineral interests and 2-55 submerged lands or tidelands may not be transferred under this 2-56 section. 2-57 SECTION 6. The importance of this legislation and the 2-58 crowded condition of the calendars in both houses create an 2-59 emergency and an imperative public necessity that the 2-60 constitutional rule requiring bills to be read on three several 2-61 days in each house be suspended, and this rule is hereby suspended, 2-62 and that this Act take effect and be in force from and after its 2-63 passage, and it is so enacted. 2-64 * * * * *