By Stiles H.B. No. 2914
Substitute the following for H.B. No. 2914:
By Bosse C.S.H.B. No. 2914
A BILL TO BE ENTITLED
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. GRANT AND RELINQUISHMENT. The state grants and
1-6 relinquishes all of its right, title, and interest in and to the
1-7 property described in Section 3(a) of this Act to the city of Port
1-8 Arthur, subject to the provisions of Section 5 of this Act.
1-9 SECTION 2. REVOCATION OF GRANT. The state revokes and
1-10 cancels all grants previously made to the city of Port Arthur in
1-11 and to the property described in Section 3(b) of this Act, subject
1-12 to the provisions of Section 5 of this Act. Upon the effective
1-13 date of the revocation and cancellation, the property described in
1-14 Section 3(b) of this Act shall become property of the permanent
1-15 school fund.
1-16 SECTION 3. DESCRIPTION OF PROPERTY. (a) The real property,
1-17 rights to which are to be relinquished by the state under this Act,
1-18 consists of tracts of land out of Sabine Lake, Jefferson County,
1-19 Texas, described by metes and bounds in patents of record in the
1-20 General Land Office, as follows:
1-21 (1) 1524.77 acres of land contained in three tracts,
1-22 as described in Patent Number 212, Volume 64A, file
1-23 Jefferson-Scrip-594, authorized by Chapter 181, page 364, Special
1-24 Laws, Acts of the 42nd Legislature, 1931, as amended by Chapter
2-1 170, Acts of the 61st Legislature, Regular Session, 1969;
2-2 (2) 14.7 acres of land, as described in Patent Number
2-3 409, Volume 53A, file Jefferson-Scrip-596, authorized by Chapter
2-4 22, Acts of the 43rd Legislature, First C.S., 1933;
2-5 (3) 1877.94 acres of land, as described in Patent
2-6 Number 80, Volume 26B, file Jefferson-Scrip-598, authorized by
2-7 Chapter 219, Acts of the 54th Legislature, Regular Session, 1955;
2-8 and
2-9 (4) 5920.82 acres of land contained in three tracts,
2-10 as described in Patent Number 338, Volume 35B, file 153420,
2-11 authorized by Chapter 206, Acts of the 60th Legislature, Regular
2-12 Session, 1967.
2-13 (b) The real property, rights to which are to be revoked and
2-14 canceled under this Act, consists of all land on Pleasure Island in
2-15 Jefferson County, Texas, conveyed to the city of Port Arthur by
2-16 prior legislative act of the state, except for the property
2-17 described in Subsection (a) of this section.
2-18 SECTION 4. NATURE OF TITLE CONVEYED BY THE STATE. From and
2-19 after the date the commissioner issues the patent authorized in
2-20 Section 5 of this Act: (a) the city of Port Arthur may hold the
2-21 property described in Section 3(a) of this Act in its proprietary
2-22 capacity;
2-23 (b) the property shall no longer be subject to a public use
2-24 restriction, or any other restriction on its use or disposition by
2-25 the city, except as provided in Section 5 of this Act; and
2-26 (c) the city may use, develop, lease, sell, option, or
2-27 convey all or any portion of the property for public or private
3-1 purposes.
3-2 SECTION 5. CONVEYANCE OF PROPERTY WITH RESERVATION OF
3-3 MINERALS AND EASEMENT. The city of Port Arthur shall pay the sum
3-4 of $25,000 to the General Land Office for the benefit of the
3-5 permanent school fund. Upon receipt of the required payment, the
3-6 commissioner of the General Land Office shall convey to the city of
3-7 Port Arthur, by issuing a new patent, all of the remaining right,
3-8 title, and interest of the state to the property described in
3-9 Section 3(a) of this Act, except the commissioner shall reserve:
3-10 (1) ownership of all oil, gas, and other minerals in,
3-11 on, or beneath the property, and the right to lease, explore, and
3-12 develop the property, on behalf of the permanent school fund; and
3-13 (2) to the extent located on the property described in
3-14 3(a) of this Act, the easement and right of way described in
3-15 Section 5(a), 54th Legislature, Regular Session, 1955.
3-16 SECTION 6. CANCELLATION OF ORIGINAL PATENTS. Upon issuing
3-17 the patent authorized in Section 5 of this Act, the commissioner of
3-18 the General Land Office shall cancel the following patents:
3-19 (a) Patent Number 212, Volume 64A, file
3-20 Jefferson-Script-594, issued January 12, 1937;
3-21 (b) Patent Number 409, Volume 53A, file Jefferson-Scrip-596,
3-22 issued January 26, 1934;
3-23 (c) Patent Number 80, Volume 26B, file Jefferson-Scrip-598,
3-24 issued March 5, 1956; and
3-25 (d) Patent Number 338, Volume 35B, file 153420, issued June
3-26 6, 1967.
3-27 SECTION 7. REPEALER. The following laws are repealed
4-1 effective as of the date the commissioner issues the patent
4-2 authorized in Section 5 of this Act: (a) Chapter 181, page 364,
4-3 Special Laws, Acts of the 42nd Legislature, 1931, as amended by
4-4 Chapter 170, Acts of the 61st Legislature, Regular Session, 1969;
4-5 (b) Chapter 219, 54th Legislature, Regular Session, 1955;
4-6 (c) Chapter 206, 60th Legislature, Regular Session, 1967;
4-7 (d) Chapter 826, Acts of the 73rd Legislature, Regular
4-8 Session, 1993; and
4-9 (e) All previous laws in conflict with this Act, to the
4-10 extent of the conflict.
4-11 SECTION 8. SAVINGS CLAUSE. All previous grants, leases,
4-12 easements, or other conveyances by the city of Port Arthur or the
4-13 Pleasure Island Commission of the property described in Section
4-14 3(a) of this Act are hereby confirmed. Nothing in this Act shall
4-15 be construed to affect the rights or title of any private person or
4-16 any governmental entity to any portion of the property described in
4-17 Section 3(a) of this Act. The patent issued by the Commissioner
4-18 pursuant to Section 5 of this Act shall enure to the benefit of the
4-19 legal owners.
4-20 SECTION 9. SEVERABILITY. If any section, paragraph,
4-21 sentence, clause, phrase, or word contained in this Act shall be
4-22 held unconstitutional by any court of this state or the United
4-23 States of America, the invalidity of such portion of the Act shall
4-24 not be construed to affect any other part of this Act.
4-25 SECTION 10. EMERGENCY. The importance of this legislation
4-26 and the 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.