By Howard, Coleman, Danburg                           H.B. No. 1961

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

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

 1-3     Department of Transportation to certain governmental entities.

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

 1-5           SECTION 1.  (a)  The legislature finds that the transfer of

 1-6     property from the Texas Department of Transportation to the Board

 1-7     of Regents of the University of Houston System as described by this

 1-8     section is in the public interest and serves a public purpose of

 1-9     the state by:

1-10                 (1)  providing additional facilities for higher

1-11     education to citizens of this state;

1-12                 (2)  maintaining a higher level of educational

1-13     activity, employment opportunity, and economic stability for

1-14     citizens of this state;

1-15                 (3)  enhancing the economic growth of the state and the

1-16     full employment, welfare, and prosperity of the citizens of this

1-17     state; and

1-18                 (4)  enhancing the value of remaining property under

1-19     the management and control of the Texas Department of

1-20     Transportation that is located in the same area in which the

1-21     property described by this section is located.

1-22           (b)  Not later than October 31, 1997, the Texas Department of

1-23     Transportation shall transfer to the Board of Regents of the

1-24     University of Houston System the real property described by

 2-1     Subsection (e) of this section.

 2-2           (c)  The Texas Department of Transportation shall transfer

 2-3     the property by an appropriate instrument of transfer.

 2-4           (d)  The instrument of transfer must include a provision

 2-5     that:

 2-6                 (1)  requires the Board of Regents of the University of

 2-7     Houston System:

 2-8                       (A)  to use the property only for higher

 2-9     education purposes; or

2-10                       (B)  to provide for right-of-way reservations in

2-11     a width determination by the Texas Department of Transportation as

2-12     necessary for the future expansion of U.S. Highway 59 or the future

2-13     construction of a U.S. Highway 6 bypass; and

2-14                 (2)  indicates that ownership of the property will

2-15     automatically revert to the Texas Department of Transportation if

2-16     the Board of Regents of the University of Houston System uses the

2-17     property for any purpose other than the purposes described by this

2-18     subsection.

2-19           (e)  The real property referred to in this section is

2-20     described as follows:

2-21                 (1)  A 109 acre tract of contiguous land, more or less,

2-22     south of U.S.  Highway 59, north of the Brazos River and west of

2-23     the planned Highway 6 By-Pass, all part of what is commonly

2-24     referred to as TXDOT Tract No. 5, as shown on Page 45 of the

2-25     Executive Summary of the Engineering Report/Feasibility Study for

2-26     the Potential Development of Approximately 6000 Acres of Prison

2-27     System Land dated March, 1996, prepared for the Texas Department of

 3-1     Transportation - Houston District by Rust Lichliter/Jameson.

 3-2                 (2)  A 68 acre tract of contiguous land, more or less,

 3-3     south of U.S.  Highway 59, north of the Brazos River and west of

 3-4     the planned Highway 6 By-Pass, all part of what is commonly

 3-5     referred to as TXDOT Tract No. 5, as shown on Page 45 of the

 3-6     Executive Summary of the Engineering Report/Feasibility Study for

 3-7     the Potential Development of Approximately 6000 Acres of Prison

 3-8     System Land dated March, 1996, prepared for the Texas Department of

 3-9     Transportation - Houston District by Rust Lichliter/Jameson.

3-10                 (3)  A 71 acre tract of contiguous land, more or less,

3-11     south of U.S.  Highway 59, north of the Brazos River and west of

3-12     the planned Highway 6 By-Pass, all part of what is commonly

3-13     referred to as TXDOT Tract No. 5, as shown on Page 45 of the

3-14     Executive Summary of the Engineering Report/Feasibility Study for

3-15     the Potential Development of Approximately 6000 Acres of Prison

3-16     System Land dated March, 1996, prepared for the Texas Department of

3-17     Transportation - Houston District by Rust Lichliter/Jameson.

3-18                 (4)  A 0.182 acre tract, more or less, situated in the

3-19     Luke Moore League, Abstract No. 51, Harris County, Texas, being a

3-20     portion of a called 3.797 acre tract conveyed to the State of

3-21     Texas, recorded under File Number P329378, Film Code Number

3-22     164-54-2898 of the Harris County Official Public Records of Real

3-23     Property also know as and referred to as the remainder of the

3-24     Pechinpaugh Tract, TXDOT Parcel No. 263.

3-25           SECTION 2.  (a)  The legislature finds that the transfer of

3-26     property from the Texas Department of Transportation to the City of

3-27     Sugar Land as described by this section is in the public interest

 4-1     and serves a public purpose of the state by:

 4-2                 (1)  enhancing the economic health and vitality of the

 4-3     area in which the property is located as an attractive business

 4-4     center and residential community;

 4-5                 (2)  using undeveloped property that is limited in its

 4-6     potential use because of its location in the floodway of the Brazos

 4-7     River for public park, recreational, greenbelt, or similar purposes

 4-8     for the benefit of the citizens of this state;

 4-9                 (3)  enhancing the value of remaining property under

4-10     the management and control of the Texas Department of

4-11     Transportation that is located in the same area in which the

4-12     property described by this section is located; and

4-13                 (4)  promoting the development of property for use as

4-14     public parks, recreation areas, greenbelts, and similar purposes

4-15     for the health and general welfare of the citizens of this state.

4-16           (b)  Not later than October 31, 1997, the Texas Department of

4-17     Transportation shall transfer to the City of Sugar Land for

4-18     consideration mutually agreed to by the parties the real property

4-19     described by Subsection (e) of this section.

4-20           (c)  The Texas Department of Transportation shall transfer

4-21     the property by an appropriate instrument of transfer.

4-22           (d)  The instrument of transfer must include a provision

4-23     that:

4-24                 (1)  requires the City of Sugar Land to use the

4-25     property only for public park, recreational, greenbelt, or similar

4-26     purposes;

4-27                 (2)  indicates that ownership of the property will

 5-1     automatically revert to the Texas Department of Transportation if

 5-2     the City of Sugar Land uses the property for any purpose other than

 5-3     the purposes described by this subsection;

 5-4                 (3)  requires the City of Sugar Land to dedicate

 5-5     easements for water, sewers, drainage, and roadways as reasonably

 5-6     required by the Texas Department of Transportation for the

 5-7     development of the property and other property in the area in which

 5-8     the property is located that is under the management and control of

 5-9     the Texas Department of Transportation; and

5-10                 (4)  provides for right-of-way reservations in a width

5-11     determined by the Texas Department of Transportation as necessary

5-12     for the future expansion of U.S. Highway 59 or the future

5-13     construction of a U.S. Highway 6 bypass.

5-14           (e)  The property referred to in this section is described as

5-15     follows:

5-16                 (1)  A 150 acre tract of contiguous land, more or less,

5-17     south of U.S.  Highway 59, immediately north of the Brazos River

5-18     and west of the planned Highway 6 By-Pass, all part of what is

5-19     commonly referred to as TXDOT Tract No.  5, as shown on Page 45 of

5-20     the Executive Summary of the Engineering Report/Feasibility Study

5-21     for the Potential Development of Approximately 6000 Acres of Prison

5-22     System Land dated March, 1996, prepared for the Texas Department of

5-23     Transportation - Houston District by Rust Lichliter/Jameson.

5-24                 (2)  A 271 acre tract of contiguous land, more or less,

5-25     south of U.S.  Highway 59, immediately north of the Brazos River

5-26     and southwest of the planned Highway 6 By-Pass, all part of what is

5-27     commonly referred to as TXDOT Tract No.  5, as shown on Page 45 of

 6-1     the Executive Summary of the Engineering Report/Feasibility Study

 6-2     for the Potential Development of Approximately 6000 Acres of Prison

 6-3     System Land dated March, 1996, prepared for the Texas Department of

 6-4     Transportation - Houston District by Rust Lichliter/Jameson.

 6-5           SECTION 3.  The importance of this legislation and the

 6-6     crowded condition of the calendars in both houses create an

 6-7     emergency and an imperative public necessity that the

 6-8     constitutional rule requiring bills to be read on three several

 6-9     days in each house be suspended, and this rule is hereby suspended,

6-10     and that this Act take effect and be in force from and after its

6-11     passage, and it is so enacted.