By Raymond                                      H.B. No. 3212

      75R7832 CAS-D                           

                                A BILL TO BE ENTITLED

 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.