1-1     By:  Howard, Coleman, Danburg                         H.B. No. 1961

 1-2          (Senate Sponsor - Armbrister)

 1-3           (In the Senate - Received from the House May 6, 1997;

 1-4     May 7, 1997, read first time and referred to Committee on State

 1-5     Affairs; May 16, 1997, reported favorably, as amended, by the

 1-6     following vote:  Yeas 13, Nays 0; May 16, 1997, sent to printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                           By:  Armbrister

 1-8     Amend H.B. No. 1961 as follows:

 1-9          In SECTION 1, subsection (d), subdivision(1)(A), (page 1, line

1-10          45 engrossed version), strike "or" and insert "and" in lieu

1-11          thereof.

1-12                            A BILL TO BE ENTITLED

1-13                                   AN ACT

1-14     relating to the transfer of certain state property from the Texas

1-15     Department of Transportation to certain governmental entities.

1-16           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-17           SECTION 1.  (a)  The legislature finds that the transfer of

1-18     property from the Texas Department of Transportation to the Board

1-19     of Regents of the University of Houston System as described by this

1-20     section is in the public interest and serves a public purpose of

1-21     the state by:

1-22                 (1)  providing additional facilities for higher

1-23     education to citizens of this state;

1-24                 (2)  maintaining a higher level of educational

1-25     activity, employment opportunity, and economic stability for

1-26     citizens of this state;

1-27                 (3)  enhancing the economic growth of the state and the

1-28     full employment, welfare, and prosperity of the citizens of this

1-29     state; and

1-30                 (4)  enhancing the value of remaining property under

1-31     the management and control of the Texas Department of

1-32     Transportation that is located in the same area in which the

1-33     property described by this section is located.

1-34           (b)  Not later than October 31, 1997, the Texas Department of

1-35     Transportation shall transfer to the Board of Regents of the

1-36     University of Houston System the real property described by

1-37     Subsection (e) of this section.

1-38           (c)  The Texas Department of Transportation shall transfer

1-39     the property by an appropriate instrument of transfer.

1-40           (d)  The instrument of transfer must include a provision

1-41     that:

1-42                 (1)  requires the Board of Regents of the University of

1-43     Houston System:

1-44                       (A)  to use the property only for higher

1-45     education purposes; or

1-46                       (B)  to provide for right-of-way reservations in

1-47     a width determination by the Texas Department of Transportation as

1-48     necessary for the future expansion of U.S. Highway 59 or the future

1-49     construction of a U.S. Highway 6 bypass; and

1-50                 (2)  indicates that ownership of the property will

1-51     automatically revert to the Texas Department of Transportation if

1-52     the Board of Regents of the University of Houston System uses the

1-53     property for any purpose other than the purposes described by this

1-54     subsection.

1-55           (e)  The real property referred to in this section is

1-56     described as follows:

1-57                 (1)  A 109 acre tract of contiguous land, more or less,

1-58     south of U.S.  Highway 59, north of the Brazos River and west of

1-59     the planned Highway 6 By-Pass, all part of what is commonly

1-60     referred to as TXDOT Tract No. 5, as shown on Page 45 of the

1-61     Executive Summary of the Engineering Report/Feasibility Study for

1-62     the Potential Development of Approximately 6000 Acres of Prison

1-63     System Land dated March, 1996, prepared for the Texas Department of

1-64     Transportation - Houston District by Rust Lichliter/Jameson.

 2-1                 (2)  A 68 acre tract of contiguous land, more or less,

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

 2-3     the planned Highway 6 By-Pass, all part of what is commonly

 2-4     referred to as TXDOT Tract No. 5, as shown on Page 45 of the

 2-5     Executive Summary of the Engineering Report/Feasibility Study for

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

 2-7     System Land dated March, 1996, prepared for the Texas Department of

 2-8     Transportation - Houston District by Rust Lichliter/Jameson.

 2-9                 (3)  A 71 acre tract of contiguous land, more or less,

2-10     south of U.S.  Highway 59, north of the Brazos River and west of

2-11     the planned Highway 6 By-Pass, all part of what is commonly

2-12     referred to as TXDOT Tract No. 5, as shown on Page 45 of the

2-13     Executive Summary of the Engineering Report/Feasibility Study for

2-14     the Potential Development of Approximately 6000 Acres of Prison

2-15     System Land dated March, 1996, prepared for the Texas Department of

2-16     Transportation - Houston District by Rust Lichliter/Jameson.

2-17                 (4)  A 0.182 acre tract, more or less, situated in the

2-18     Luke Moore League, Abstract No. 51, Harris County, Texas, being a

2-19     portion of a called 3.797 acre tract conveyed to the State of

2-20     Texas, recorded under File Number P329378, Film Code Number

2-21     164-54-2898 of the Harris County Official Public Records of Real

2-22     Property also know as and referred to as the remainder of the

2-23     Pechinpaugh Tract, TXDOT Parcel No. 263.

2-24           SECTION 2.  (a)  The legislature finds that the transfer of

2-25     property from the Texas Department of Transportation to the City of

2-26     Sugar Land as described by this section is in the public interest

2-27     and serves a public purpose of the state by:

2-28                 (1)  enhancing the economic health and vitality of the

2-29     area in which the property is located as an attractive business

2-30     center and residential community;

2-31                 (2)  using undeveloped property that is limited in its

2-32     potential use because of its location in the floodway of the Brazos

2-33     River for public park, recreational, greenbelt, or similar purposes

2-34     for the benefit of the citizens of this state;

2-35                 (3)  enhancing the value of remaining property under

2-36     the management and control of the Texas Department of

2-37     Transportation that is located in the same area in which the

2-38     property described by this section is located; and

2-39                 (4)  promoting the development of property for use as

2-40     public parks, recreation areas, greenbelts, and similar purposes

2-41     for the health and general welfare of the citizens of this state.

2-42           (b)  Not later than October 31, 1997, the Texas Department of

2-43     Transportation shall transfer to the City of Sugar Land for

2-44     consideration mutually agreed to by the parties the real property

2-45     described by Subsection (e) of this section.

2-46           (c)  The Texas Department of Transportation shall transfer

2-47     the property by an appropriate instrument of transfer.

2-48           (d)  The instrument of transfer must include a provision

2-49     that:

2-50                 (1)  requires the City of Sugar Land to use the

2-51     property only for public park, recreational, greenbelt, or similar

2-52     purposes;

2-53                 (2)  indicates that ownership of the property will

2-54     automatically revert to the Texas Department of Transportation if

2-55     the City of Sugar Land uses the property for any purpose other than

2-56     the purposes described by this subsection;

2-57                 (3)  requires the City of Sugar Land to dedicate

2-58     easements for water, sewers, drainage, and roadways as reasonably

2-59     required by the Texas Department of Transportation for the

2-60     development of the property and other property in the area in which

2-61     the property is located that is under the management and control of

2-62     the Texas Department of Transportation; and

2-63                 (4)  provides for right-of-way reservations in a width

2-64     determined by the Texas Department of Transportation as necessary

2-65     for the future expansion of U.S. Highway 59 or the future

2-66     construction of a U.S. Highway 6 bypass.

2-67           (e)  The property referred to in this section is described as

2-68     follows:

2-69                 (1)  A 150 acre tract of contiguous land, more or less,

 3-1     south of U.S.  Highway 59, immediately north of the Brazos River

 3-2     and west of the planned Highway 6 By-Pass, all part of what is

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

 3-4     the Executive Summary of the Engineering Report/Feasibility Study

 3-5     for the Potential Development of Approximately 6000 Acres of Prison

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

 3-7     Transportation - Houston District by Rust Lichliter/Jameson.

 3-8                 (2)  A 271 acre tract of contiguous land, more or less,

 3-9     south of U.S.  Highway 59, immediately north of the Brazos River

3-10     and southwest of the planned Highway 6 By-Pass, all part of what is

3-11     commonly referred to as TXDOT Tract No.  5, as shown on Page 45 of

3-12     the Executive Summary of the Engineering Report/Feasibility Study

3-13     for the Potential Development of Approximately 6000 Acres of Prison

3-14     System Land dated March, 1996, prepared for the Texas Department of

3-15     Transportation - Houston District by Rust Lichliter/Jameson.

3-16           SECTION 3.  The importance of this legislation and the

3-17     crowded condition of the calendars in both houses create an

3-18     emergency and an imperative public necessity that the

3-19     constitutional rule requiring bills to be read on three several

3-20     days in each house be suspended, and this rule is hereby suspended,

3-21     and that this Act take effect and be in force from and after its

3-22     passage, and it is so enacted.

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