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. 3-23 * * * * *