1-1 AN ACT
1-2 relating to the transfer of certain state property from the Texas
1-3 Department of Criminal Justice to Duval County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. (a) Not later than October 31, 1997, the Texas
1-6 Department of Criminal Justice shall transfer to Duval County, for
1-7 consideration to which the parties mutually agree, the real
1-8 property described by Subsection (d) of this section.
1-9 (b) The Texas Department of Criminal Justice shall transfer
1-10 the property by an appropriate instrument of transfer.
1-11 (c) Consideration for the transfer authorized by Subsection
1-12 (a) of this section may be in the form of an agreement between the
1-13 parties that requires Duval County to use the property for a
1-14 purpose that benefits the public interest of the state. If the
1-15 consideration for the transfer is in the form of an agreement
1-16 between the parties limiting the use of the real property, the
1-17 instrument of transfer must include a provision that:
1-18 (1) requires Duval County to use the property for a
1-19 purpose that benefits the public interest of the state; and
1-20 (2) indicates that ownership of the property will
1-21 automatically revert to the Texas Department of Criminal Justice if
1-22 Duval County discontinues using the property for a purpose that
1-23 benefits the public interest of the state.
1-24 (d) The real property to which Subsection (a) of this
2-1 section refers is the 25-acre tract of land described in the field
2-2 notes dated March 11, 1996, by Joseph Don Rehmet, a professional
2-3 land surveyor, of Coym & Rehmet Engineering Company, Incorporated
2-4 of Alice, Texas, as follows:
2-5 25.00 acres of land being out of the "SAN LEANDRO" GRANT, A-491,
2-6 Duval County, Texas and being partially out of a 53.923 acre tract
2-7 conveyed from Amado Garcia, Jr., et ux., Marta, to Duval County by
2-8 Deed recorded in Vol. 146, Pg. 363 of the Official Records of
2-9 Duval County, Texas and also being partially out of a 254.41 acre
2-10 tract conveyed from Clemente Garcia, Jr., et ux. Graciela, by Deed
2-11 recorded in Vol. 146, Pg. 341 of the Official Records of Duval
2-12 County, Texas and said 25.00 acre tract being more particularly
2-13 described by metes and bounds as follows:
2-14 BEGINNING at a 5/8" iron rod (set) under an existing fence in the
2-15 West R.O.W. line of State F.M. Road 1329, the East line of said
2-16 53.923 acre tract, for the N.E. corner of this 25.00 acre tract and
2-17 from whence a 5/8" iron rod (found) for the N.E. corner of said
2-18 53.923 acre tract bears N-09-56'-18"-E, 40.00';
2-19 THENCE, S-09-56'-18"-W, along an existing fence, the West R.O.W.
2-20 line of said State F.M. Road 1329 and the East line of said 53.923
2-21 acre tract, at 575.63' pass the S.E. corner of said 53.923 acre
2-22 tract, and the N.E. corner of said 254.41 acre tract, continuing
2-23 along the East line of said 254.41 acre tract, a total distance of
2-24 860.49' to a 5/8" iron rod (set) for the S.E. corner of this tract;
2-25 THENCE, N-80-00'-25"-W, a distance of 1300.84' to a 5/8" iron rod
2-26 (set) for the S.W. corner of this tract;
2-27 THENCE, N-09-59'-35"-E, a distance of 710.49' to a 5/8" iron rod
3-1 (found) for the S.W. corner of a 200' x 190' water plant site and
3-2 for the lower N.W. corner of this tract;
3-3 THENCE, S-80-00'-25"-E, along the South line of said 200' x 190'
3-4 water plant site, a distance of 200.00' to a 5/8" iron rod (found)
3-5 for the S.E. corner of said water plant site and for an inner
3-6 corner of this tract;
3-7 THENCE, N-09-59'-35"-E, along the East line of said 200' x 150'
3-8 water plant site, a distance of 150.00' to a 5/8" iron rod (set)
3-9 for the upper N.W. corner of this tract;
3-10 THENCE, S-80-00'-25"-E, a distance of 1100.04' to the PLACE OF
3-11 BEGINNING and containing 25.00 acres of land.
3-12 SECTION 2. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended,
3-17 and that this Act take effect and be in force from and after its
3-18 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3212 was passed by the House on April
25, 1997, by the following vote: Yeas 145, Nays 0, 3 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3212 was passed by the Senate on May
15, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor