1-1 AN ACT
1-2 relating to the conveyance by the General Land Office of the
1-3 state's interest in certain real property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. (a) Except as provided by Subsection (b) of this
1-6 section, the state shall grant and relinquish the state's right,
1-7 title and interest in and to the real property described by
1-8 Subsection (e) of this section to the City of Port Arthur if the
1-9 City of Port Arthur pays the sum of $25,000 to the General Land
1-10 Office for the benefit of the permanent school fund. The
1-11 commissioner of the General Land Office, on behalf of the state,
1-12 shall convey the real property by issuing a patent to the City of
1-13 Port Arthur.
1-14 (b) The commissioner of the General Land Office shall
1-15 reserve:
1-16 (1) ownership of all oil, gas and other minerals in,
1-17 on or beneath the real property and the right to lease, explore and
1-18 develop the real property on behalf of the permanent school fund;
1-19 and
1-20 (2) to the extent located on the real property, the
1-21 easement and right-of-way described by Section 5(a), Chapter 219,
1-22 Acts of the 54th Legislature, Regular Session, 1955.
1-23 (c) After the real property is conveyed to the City of Port
1-24 Arthur as authorized by this section:
2-1 (1) the City of Port Arthur may hold the real property
2-2 in the city's proprietary capacity;
2-3 (2) except as provided by Subsection (b) of this
2-4 section, the real property is not subject to a public use
2-5 restriction or any other restriction on the use or disposition of
2-6 the real property; and
2-7 (3) the City of Port Arthur may use, develop, lease,
2-8 sell, option or convey all or part of the property for public or
2-9 private purposes.
2-10 (d) All previous grants, leases, easements or other
2-11 conveyances of the real property by the City of Port Arthur or the
2-12 Pleasure Island Commission are confirmed. This Act does not affect
2-13 the rights or title of any private person or governmental entity to
2-14 any part of the real property. The patent issued by the
2-15 commissioner of the General Land Office as authorized by this
2-16 section enures to the benefit of the legal owners of the real
2-17 property.
2-18 (e) The real property referred to in this section consists
2-19 of tracts of land out of Sabine Lake, Jefferson County, Texas,
2-20 described by metes and bounds in patents of record in the General
2-21 Land Office, as follows:
2-22 (1) 1524.77 acres of land contained in three tracts,
2-23 as described in Patent number 212, Volume 64A, file
2-24 Jefferson-Scrip-594, authorized by Chapter 181, Special Laws, Acts
2-25 of the 42nd Legislature, 1931, as amended by Chapter 170, Acts of
2-26 the 61st Legislature, Regular Session, 1969;
2-27 (2) 14.7 acres of land, as described in Patent Number
3-1 409, Volume 53A, file Jefferson-Scrip-596, authorized by Chapter
3-2 22, Acts of the 43rd Legislature, 1st Called Session, 1933;
3-3 (3) 1877.94 acres of land, as described in Patent
3-4 Number 80, Volume 26B, file Jefferson-Scrip-598, authorized by
3-5 Chapter 219, Acts of the 54th Legislature, Regular Session, 1955;
3-6 and
3-7 (4) 5920.82 acres of land contained in three tracts,
3-8 as described in Patent Number 338, Volume 35B, file 153420,
3-9 authorized by Chapter 206, Acts of the 60th Legislature, Regular
3-10 Session, 1967.
3-11 SECTION 2. (a) The state revokes and cancels all grants
3-12 made to the City of Port Arthur in and to the real property
3-13 described by Subsection (c) of this section that were executed
3-14 before the effective date of this Act.
3-15 (b) On the date the state cancels the patents issued to the
3-16 City of Port Arthur, except for the property described by Section
3-17 1(e) of this Act, the real property becomes property of the
3-18 permanent school fund.
3-19 (c) The real property referred to in Subsection (a) of this
3-20 section consists of all real property commonly known as Pleasure
3-21 Island, which is located in Jefferson County, Texas, that was
3-22 conveyed to the City of Port Arthur by legislative act of this
3-23 state before the effective date of this Act, excluding the real
3-24 property described by Section 1(e) of this Act.
3-25 SECTION 3. After the Commissioner of the General Land Office
3-26 issues the patent as authorized by Section 1 of this Act, the
3-27 commissioner shall cancel the following patents:
4-1 (1) Patent Number 212, Volume 64A, file
4-2 Jefferson-Scrip-594, issued January 12, 1937;
4-3 (2) Patent Number 409, Volume 53A, file
4-4 Jefferson-Scrip-596, issued January 26, 1934;
4-5 (3) Patent Number 80, Volume 26B, file
4-6 Jefferson-Scrip-598, issued March 5, 1956; and
4-7 (4) Patent Number 338, Volume 35B, file 153420, issued
4-8 June 6, 1967.
4-9 SECTION 4. The following laws are repealed on the date the
4-10 commissioner of the General Land Office issues the patent as
4-11 authorized by Section 1 of this Act:
4-12 (1) Chapter 181, Special Laws, Acts of the 42nd
4-13 Legislature, Regular Session, 1931;
4-14 (2) Chapter 22, Acts of the 43rd Legislature, 1st
4-15 Called Session, 1933;
4-16 (3) Chapter 219, Acts of the 54th Legislature, Regular
4-17 Session, 1955;
4-18 (4) Chapter 206, Acts of the 60th Legislature, Regular
4-19 Session, 1967;
4-20 (5) Chapter 826, Acts of the 73rd Legislature, Regular
4-21 Session, 1993; and
4-22 (6) any law enacted before the effective date of this
4-23 Act that is in conflict with this Act, to the extent of the
4-24 conflict.
4-25 SECTION 5. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended,
5-3 and that this Act take effect and be in force from and after its
5-4 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2914 was passed by the House on April
28, 1997, by the following vote: Yeas 142, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2914 on May 29, 1997, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 2914 on June 1, 1997, by the following vote: Yeas 145,
Nays 0, 3 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2914 was passed by the Senate, with
amendments, on May 27, 1997, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2914 on June 1, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor