75R10958 PAM-D
By Howard H.B. No. 1961
Substitute the following for H.B. No. 1961:
By Bosse C.S.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 exchange the property for another parcel
2-11 of property that is more suitable for use for higher education
2-12 purposes and to use that property only for higher education
2-13 purposes; 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.