1-1     By:  Raymond (Senate Sponsor - Zaffirini)             H.B. No. 3212

 1-2           (In the Senate - Received from the House April 27, 1997;

 1-3     April 29, 1997, read first time and referred to Committee on

 1-4     Criminal Justice; May 7, 1997, reported favorably by the following

 1-5     vote:  Yeas 4, Nays 0; May 7, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the transfer of certain state property from the Texas

 1-9     Department of Criminal Justice to Duval County.

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

1-11           SECTION 1.  (a)  Not later than October 31, 1997, the Texas

1-12     Department of Criminal Justice shall transfer to Duval County, for

1-13     consideration to which the parties mutually agree, the real

1-14     property described by Subsection (d) of this section.

1-15           (b)  The Texas Department of Criminal Justice shall transfer

1-16     the property by an appropriate instrument of transfer.

1-17           (c)  Consideration for the transfer authorized by Subsection

1-18     (a)  of this section may be in the form of an agreement between the

1-19     parties that requires Duval County to use the property for a

1-20     purpose that benefits the public interest of the state.  If the

1-21     consideration for the transfer is in the form of an agreement

1-22     between the parties limiting the use of the real property, the

1-23     instrument of transfer must include a provision that:

1-24                 (1)  requires Duval County to use the property for a

1-25     purpose that benefits the public interest of the state; and

1-26                 (2)  indicates that ownership of the property will

1-27     automatically revert to the Texas Department of Criminal Justice if

1-28     Duval County discontinues using the property for a purpose that

1-29     benefits the public interest of the state.

1-30           (d)  The real property to which Subsection (a)  of this

1-31     section refers is the 25-acre tract of land described in the field

1-32     notes dated March 11, 1996, by Joseph Don Rehmet, a professional

1-33     land surveyor, of Coym & Rehmet Engineering Company, Incorporated

1-34     of Alice, Texas, as follows:

1-35     25.00 acres of land being out of the "SAN LEANDRO" GRANT, A-491,

1-36     Duval County, Texas and being partially out of a 53.923 acre tract

1-37     conveyed from Amado Garcia, Jr., et ux., Marta, to Duval County by

1-38     Deed recorded in Vol. 146, Pg.  363 of the Official Records of

1-39     Duval County, Texas and also being partially out of a 254.41 acre

1-40     tract conveyed from Clemente Garcia, Jr., et ux.  Graciela, by Deed

1-41     recorded in Vol. 146, Pg. 341 of the Official Records of Duval

1-42     County, Texas and said 25.00 acre tract being more particularly

1-43     described by metes and bounds as follows:

1-44     BEGINNING at a 5/8" iron rod (set) under an existing fence in the

1-45     West R.O.W.  line of State F.M. Road 1329, the East line of said

1-46     53.923 acre tract, for the N.E. corner of this 25.00 acre tract and

1-47     from whence a 5/8" iron rod (found) for the N.E. corner of said

1-48     53.923 acre tract bears N-09-56'-18"-E, 40.00';

1-49     THENCE, S-09-56'-18"-W, along an existing fence, the West R.O.W.

1-50     line of said State F.M. Road 1329 and the East line of said 53.923

1-51     acre tract, at 575.63' pass the S.E. corner of said 53.923 acre

1-52     tract, and the N.E. corner of said 254.41 acre tract, continuing

1-53     along the East line of said 254.41 acre tract, a total distance of

1-54     860.49' to a 5/8" iron rod (set) for the S.E. corner of this tract;

1-55     THENCE, N-80-00'-25"-W, a distance of 1300.84' to a 5/8" iron rod

1-56     (set) for the S.W. corner of this tract;

1-57     THENCE, N-09-59'-35"-E, a distance of 710.49' to a 5/8" iron rod

1-58     (found) for the S.W. corner of a 200' x 190' water plant site and

1-59     for the lower N.W.  corner of this tract;

1-60     THENCE, S-80-00'-25"-E, along the South line of said 200' x 190'

1-61     water plant site, a distance of 200.00' to a 5/8" iron rod (found)

1-62     for the S.E. corner of said water plant site and for an inner

1-63     corner of this tract;

1-64     THENCE, N-09-59'-35"-E, along the East line of said 200' x 150'

 2-1     water plant site, a distance of 150.00' to a 5/8" iron rod (set)

 2-2     for the upper N.W. corner of this tract;

 2-3     THENCE, S-80-00'-25"-E, a distance of 1100.04' to the PLACE OF

 2-4     BEGINNING and containing 25.00 acres of land.

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

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended,

2-10     and that this Act take effect and be in force from and after its

2-11     passage, and it is so enacted.

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