1-1     By:  Stiles (Senate Sponsor - Galloway)               H.B. No. 2914

 1-2           (In the Senate - Received from the House April 29, 1997;

 1-3     April 30, 1997, read first time and referred to Committee on

 1-4     Natural Resources; May 8, 1997, reported favorably by the following

 1-5     vote:  Yeas 9, Nays 0; May 8, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the conveyance by the General Land Office of the

 1-9     state's interest in certain real property.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  (a)  Except as provided by Subsection (b) of this

1-12     section, the state shall grant and relinquish the state's right,

1-13     title, and interest in and to the real property described by

1-14     Subsection (e) of this section to the City of Port Arthur if the

1-15     City of Port Arthur pays the sum of $25,000 to the General Land

1-16     Office for the benefit of the permanent school fund.  The

1-17     commissioner of the General Land Office, on behalf of the state,

1-18     shall convey the real property by issuing a patent to the City of

1-19     Port Arthur.

1-20           (b)  The commissioner of the General Land Office shall

1-21     reserve:

1-22                 (1)  ownership of all oil, gas, and other minerals in,

1-23     on, or beneath the real property and the right to lease, explore,

1-24     and develop the real property on behalf of the permanent school

1-25     fund; and

1-26                 (2)  to the extent located on the real property, the

1-27     easement and right-of-way described by Section 5(a), Chapter 219,

1-28     Acts of the 54th Legislature, Regular Session, 1955.

1-29           (c)  After the real property is conveyed to the City of Port

1-30     Arthur as authorized by this section:

1-31                 (1)  the City of Port Arthur may hold the real property

1-32     in the city's proprietary capacity;

1-33                 (2)  except as provided by Subsection (b) of this

1-34     section, the real property is not subject to a public use

1-35     restriction or any other restriction on the use or disposition of

1-36     the real property; and

1-37                 (3)  the City of Port Arthur may use, develop, lease,

1-38     sell, option, or convey all or part of the property for public or

1-39     private purposes.

1-40           (d)  All previous grants, leases, easements, or other

1-41     conveyances of the real property by the City of Port Arthur or the

1-42     Pleasure Island Commission are confirmed.  This Act does not affect

1-43     the rights or title of any private person or governmental entity to

1-44     any part of the real property.  The patent issued by the

1-45     commissioner of the General Land Office as authorized by this

1-46     section enures to the benefit of the legal owners of the real

1-47     property.

1-48           (e)  The real property referred to in this section consists

1-49     of tracts of land out of Sabine Lake, Jefferson County, Texas,

1-50     described by metes and bounds in patents of record in the General

1-51     Land Office, as follows:

1-52                 (1)  1524.77 acres of land contained in three tracts,

1-53     as described in Patent Number 212, Volume 64A, file

1-54     Jefferson-Scrip-594, authorized by Chapter 181, Special Laws, Acts

1-55     of the 42nd Legislature, 1931, as amended by Chapter 170, Acts of

1-56     the 61st Legislature, Regular Session, 1969;

1-57                 (2)  14.7 acres of land, as described in Patent Number

1-58     409, Volume 53A, file Jefferson-Scrip-596, authorized by Chapter

1-59     22, Acts of the 43rd Legislature, 1st Called Session, 1933;

1-60                 (3)  1877.94 acres of land, as described in Patent

1-61     Number 80, Volume 26B, file Jefferson-Scrip-598, authorized by

1-62     Chapter 219, Acts of the 54th Legislature, Regular Session, 1955;

1-63     and

1-64                 (4)  5920.82 acres of land contained in three tracts,

 2-1     as described in Patent Number 338, Volume 35B, file 153420,

 2-2     authorized by Chapter 206, Acts of the 60th Legislature, Regular

 2-3     Session, 1967.

 2-4           SECTION 2.  (a)  The state revokes and cancels all grants

 2-5     made to the City of Port Arthur in and to the real property

 2-6     described by Subsection (c) of this section that were executed

 2-7     before the effective date of this Act.

 2-8           (b)  On the date the state executes the instrument revoking

 2-9     and canceling all grants made to the City of Port Arthur as

2-10     provided by Subsection (a) of this section, the real property

2-11     becomes property of the permanent school fund.

2-12           (c)  The real property referred to in this section consists

2-13     of all real property commonly known as Pleasure Island, which is

2-14     located in  Jefferson County, Texas, that was conveyed to the City

2-15     of Port Arthur by legislative act of this state before the

2-16     effective date of this Act, excluding the real property described

2-17     by Section 1(e) of this Act.

2-18           SECTION 3.  After the commissioner of the General Land Office

2-19     issues the patent as authorized by Section 1 of this Act, the

2-20     commissioner shall cancel the following patents:

2-21                 (1)  Patent Number 212, Volume 64A, file

2-22     Jefferson-Script-594, issued January 12, 1937;

2-23                 (2)  Patent Number 409, Volume 53A, file

2-24     Jefferson-Scrip-596, issued January 26, 1934;

2-25                 (3)  Patent Number 80, Volume 26B, file

2-26     Jefferson-Scrip-598, issued March 5, 1956; and

2-27                 (4)  Patent Number 338, Volume 35B, file 153420, issued

2-28     June 6, 1967.

2-29           SECTION 4.  The following laws are repealed on the date the

2-30     commissioner of the General Land Office issues the patent as

2-31     authorized by Section 1 of this Act:

2-32                 (1)  Chapter 181, Special Laws, Acts of the 42nd

2-33     Legislature, Regular Session, 1931;

2-34                 (2)  Chapter 22, Acts of the 43rd Legislature, 1st

2-35     Called Session, 1933;

2-36                 (3)  Chapter 219, Acts of the 54th Legislature, Regular

2-37     Session, 1955;

2-38                 (4)  Chapter 206, Acts of the 60th Legislature, Regular

2-39     Session, 1967;

2-40                 (5)  Chapter 826, Acts of the 73rd Legislature, Regular

2-41     Session, 1993; and

2-42                 (6)  any law enacted before the effective date of this

2-43     Act that is in conflict with this Act, to the extent of the

2-44     conflict.

2-45           SECTION 5.  The importance of this legislation and the

2-46     crowded condition of the calendars in both houses create an

2-47     emergency and an imperative public necessity that the

2-48     constitutional rule requiring bills to be read on three several

2-49     days in each house be suspended, and this rule is hereby suspended,

2-50     and that this Act take effect and be in force from and after its

2-51     passage, and it is so enacted.

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