Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Hinojosa                                     H.B. No. 1739

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the transfer of certain state property from the Texas

 1-3     National Guard Armory Board to certain municipalities.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  (a)  The Texas National Guard Armory Board shall

 1-6     donate and transfer to the City of Donna the real property

 1-7     described by Subsection (d) of this section if:

 1-8                 (1)  the property is no longer used by the Texas

 1-9     National Guard Armory Board as an armory;

1-10                 (2)  the property is fully paid for and free of liens;

1-11     and

1-12                 (3)  all obligations incurred in connection with the

1-13     acquisition and construction of the property have been fully paid.

1-14           (b)  The Texas National Guard Armory Board shall transfer the

1-15     property by an appropriate instrument of transfer.  The instrument

1-16     must include a provision that requires the City of Donna to use the

1-17     property only for governmental or public purposes.

1-18           (c)  The Texas National Guard Armory Board and the City of

1-19     Donna shall retain custody of the instrument of  transfer after its

1-20     filing.

1-21           (d)  The real property referred to in Subsection (a) of this

1-22     section is described as follows:

1-23     Being Lots Eight (8) to Twenty-One (21), inclusive, and Lots

1-24     Thirty-five (35) to Forty (40), inclusive, out of the La Colonial

 2-1     Subdivision in Donna, Hidalgo County, Texas, said Subdivision being

 2-2     a Re-subdivision of Lots One (1) and Two (2), Block Eighty-One (81)

 2-3     of the Lott, Town and Improvement Company's Subdivision of lands in

 2-4     Hidalgo County, Texas, according to the maps and plats of said

 2-5     subdivisions of record in the Office of the County Clerk of Hidalgo

 2-6     County, Texas, to which reference is here made for all purposes;

 2-7     SAVE AND EXCEPT all of the Oil, Gas, and other minerals in and

 2-8     under, and that may be produced from said property, same being

 2-9     expressly reserved to the City of Donna, Texas.

2-10           SECTION 2.  (a)  The Texas National Guard Armory Board shall

2-11     donate and transfer to the City of Edinburg  the real property

2-12     described by Subsection (d) of this section if:

2-13                 (1)  the property is no longer used by the Texas

2-14     National Guard Armory Board as an armory;

2-15                 (2)  the property is fully paid for and free of liens;

2-16     and

2-17                 (3)  all obligations incurred in connection with the

2-18     acquisition and construction of the property have been fully paid.

2-19           (b)  The Texas National Guard Armory Board shall transfer the

2-20     property by an appropriate instrument of transfer.  The instrument

2-21     must include a provision that requires the City of Edinburg to use

2-22     the property only for governmental or public purposes.

2-23           (c)  The Texas National Guard Armory Board and the City of

2-24     Edinburg shall retain custody of the instrument of transfer after

2-25     its filing.

2-26           (d)  The real property referred to in Subsection (a) of this

2-27     section is described as follows:

2-28     A tract of land containing 3.42 acres, more or less, out of Lot No.

2-29     Ten (10) in Section No. Two Hundred Seventy-One (271) of the

2-30     Texas-Mexican Railway Company's Surveys in Hidalgo County, Texas,

 3-1     according to the map or plat showing the subdivision of said

 3-2     section along with other sections appearing of record in Volume 24,

 3-3     Page 168 of the Deed Records of Hidalgo County, Texas, said tract

 3-4     being more particularly described by metes and bounds as follows:

 3-5     Beginning at a point on the West boundary line of said Lot No. Ten

 3-6     (10), Section No. Two Hundred Seventy-One (271), 603.8 feet North

 3-7     of the Southwest corner of said Lot; Thence Easterly on a line

 3-8     parallel to the South boundary line of said Lot No. 10 a distance

 3-9     of 307.86 feet to a point for the Southeast corner of this tract;

3-10     Thence Northerly on a line parallel to the West boundary line of

3-11     said Lot No. 10 a distance of 650.2 feet to a point, which point is

3-12     66 feet South of the North boundary line of said Lot No. 10 and

3-13     also 13 feet South of the South concrete edge of a concrete-lined

3-14     canal; Thence Westerly on a line parallel to the North boundary

3-15     line of said Lot No.  10 and said concrete canal a distance of 132

3-16     feet to a point; Thence Southerly and Westerly a distance of 141.39

3-17     feet along a curved line parallel to and 13 feet distant from said

3-18     concrete canal to a point; Thence Southerly on a line parallel to

3-19     the West boundary line of said Lot No. 10 and concrete canal a

3-20     distance of 391 feet to a point; Thence Westerly on a line parallel

3-21     to the North boundary line of said Lot No. 10 a distance of 36 feet

3-22     to a point; Thence Southerly on a line parallel to the West

3-23     boundary line of said Lot No.  10 a distance of 160 feet to a

3-24     point; Thence Westerly on a line parallel to the North boundary

3-25     line of said Lot No. 10 a distance of 50 feet to a point on the

3-26     West boundary line of said Lot No. 10; Thence Southerly along the

3-27     West boundary line of said Lot No. 10 a distance of 10 feet to the

3-28     point of beginning, containing, by the above metes and bounds, 3.42

3-29     acres of land, more or less.

3-30           SECTION 3.  (a)  The Texas National Guard Armory Board shall

 4-1     donate and transfer to the City of Pharr the real property

 4-2     described by Subsection (d) of this section if:

 4-3                 (1)  the property is no longer used by the Texas

 4-4     National Guard Armory Board as an armory;

 4-5                 (2)  the property is fully paid for and free of liens;

 4-6     and

 4-7                 (3)  all obligations incurred in connection with the

 4-8     acquisition and construction of the property have been fully paid.

 4-9           (b)  The Texas National Guard Armory Board shall transfer the

4-10     property by an appropriate instrument of transfer.  The instrument

4-11     must include a provision requires the City of Pharr to use the

4-12     property only for governmental or public purposes.

4-13           (c)  The Texas National Guard Armory Board and the City of

4-14     Pharr shall retain custody of the instrument of transfer after its

4-15     filing.

4-16           (d)  The real property referred to in Subsection (a) of this

4-17     section is described as follows:

4-18     Three (3) acres of land in the South part of Lot Number 182 of the

4-19     Kelly-Pharr Subdivision of Porciones 69-70, Hidalgo County, Texas,

4-20     according to the map of said subdivision, recorded in Volume "3",

4-21     pages 133-134, of the Deed Records of said county, described by

4-22     metes and bounds as follows, to wit:

4-23     Beginning in the South line of said Lot No. 182 at a point N 81

4-24     Beginning in the South line of said Lot No. 182 at a point N 81

4-25     35' W 630 feet from the Southeast corner of said lot, for the

4-26     Southwest corner hereof; thence S 81 35' E 300 feet to a point in

4-27     said south line for the Southeast corner hereof; thence N 8 25' E

4-28     parallel with the East line of said lot, 435.6 feet to a point for

4-29     the Northeast corner hereof; thence N 81 35' W, parallel with the

4-30     South line of said lot, 300 feet to a point for the Northwest

 5-1     corner hereof; Thence S 8 25' W, parallel with the East line of

 5-2     said lot, 435.6 feet to the place and point of beginning,-

 5-3     containing three (3) acres, EXCEPTING from this conveyance however,

 5-4     and not conveyed hereby, all of the oil, gas and other minerals in,

 5-5     under and that may be produced from said described three acres.

 5-6           SECTION 4.  The importance of this legislation and the

 5-7     crowded condition of the calendars in both houses create an

 5-8     emergency and an imperative public necessity that the

 5-9     constitutional rule requiring bills to be read on three several

5-10     days in each house be suspended, and this rule is hereby suspended,

5-11     and that this Act take effect and be in force from and after its

5-12     passage, and it is so enacted.