By: Armbrister S.B. No. 352
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and functions of and certain real
1-2 property of the Texas National Guard Armory Board.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 435, Government Code, is
1-5 amended by amending Sections 435.003, 435.004, 435.005, 435.006,
1-6 435.007, 435.009, and 435.012 and adding Sections 435.0043,
1-7 435.0044, 435.0045, 435.0095, and 435.014 through 435.017 to read
1-8 as follows:
1-9 Sec. 435.003. APPLICATION OF SUNSET ACT[, OPEN MEETINGS,
1-10 AND ADMINISTRATIVE PROCEDURE LAWS]. [(a)] The Texas National
1-11 Guard Armory Board is subject to Chapter 325 (Texas Sunset Act).
1-12 Unless continued in existence as provided by that chapter, the
1-13 board is abolished and this chapter expires September 1, 2001
1-14 [1997].
1-15 [(b) The board is subject to Chapter 551, and Chapter 2001.]
1-16 Sec. 435.004. COMPOSITION. (a) The board is composed of:
1-17 (1) one [the two] senior officer [officers] of the
1-18 Texas [Army] National Guard who is appointed by the governor with
1-19 the advice and consent of the senate from a list submitted by the
1-20 adjutant general and[,] who must be actively serving in the Texas
1-21 [Army] National Guard at the time of appointment; and
1-22 (2) five members of the general public who are
1-23 appointed by the governor with the advice and consent of the
2-1 senate, who must not be actively serving in the Texas National
2-2 Guard while serving as members of the board, and two of whom must
2-3 have experience in architecture, civil engineering, or construction
2-4 management [the senior officer of the Texas Air National Guard, who
2-5 must be actively serving in the Texas Air National Guard at the
2-6 time of appointment; and]
2-7 [(3) three members of the general public who are
2-8 appointed by the governor with the advice and consent of the senate
2-9 and who must not be actively serving in the Texas National Guard at
2-10 the time of appointment].
2-11 (b) Appointments to the board shall be made [The governor
2-12 shall appoint each public member] without regard to the
2-13 [appointee's] race, color, disability [creed], sex, religion, age,
2-14 or national origin of the appointees.
2-15 (c) A person is not eligible for appointment as a public
2-16 member of the board if the person or the person's spouse:
2-17 (1) is employed by or participates in the management
2-18 of a business entity or other organization receiving funds from the
2-19 board;
2-20 (2) owns or controls, directly or indirectly, more
2-21 than a 10 percent interest in a business entity or other
2-22 organization receiving funds from the board; or
2-23 (3) uses or receives a substantial amount of tangible
2-24 goods, services, or funds from the board, other than compensation
2-25 or reimbursement authorized by law for board membership,
3-1 attendance, or expenses.
3-2 (d) A person may not serve as a member of the board if the
3-3 person holds another office or position of honor, trust, or profit
3-4 under the state or federal government, except as a member of the
3-5 Texas National Guard.
3-6 [(d) A person required to register as a lobbyist under
3-7 Chapter 305 of this code may not serve as a member of the board or
3-8 act as general counsel to the board.]
3-9 Sec. 435.0043. CONFLICTS OF INTERESTS. (a) An officer,
3-10 employee, or paid consultant of a Texas trade association in a
3-11 field related to the operation of the board may not be a member of
3-12 the board or an employee of the board who is exempt from the
3-13 state's position classification plan or is compensated at or above
3-14 the amount prescribed by the General Appropriations Act for step 1,
3-15 salary group 17, of the position classification salary schedule.
3-16 (b) A person who is the spouse of an officer, manager, or
3-17 paid consultant of a Texas trade association in a field related to
3-18 the operation of the board may not be a member of the board and may
3-19 not be an employee of the board who is exempt from the state's
3-20 position classification plan or is compensated at or above the
3-21 amount prescribed by the General Appropriations Act for step 1,
3-22 salary group 17, of the position classification salary schedule.
3-23 (c) For the purposes of this section, a Texas trade
3-24 association is a nonprofit, cooperative, and voluntarily joined
3-25 association in this state designed to assist its members and its
4-1 industry or profession in dealing with mutual problems and in
4-2 promoting their common interest.
4-3 (d) A person may not serve as a member of the board or act
4-4 as the general counsel to the board if the person is required to
4-5 register as a lobbyist under Chapter 305 because of the person's
4-6 activities for compensation on behalf of a profession related to
4-7 the operation of the board.
4-8 Sec. 435.0044. PRESIDING OFFICER. The governor shall
4-9 designate a member of the board as the presiding officer of the
4-10 board to serve in that capacity at the pleasure of the governor.
4-11 Sec. 435.0045. BOARD MEMBER TRAINING. (a) Before a member
4-12 of the board may assume the member's duties and before the member
4-13 may be confirmed by the senate, the member must complete at least
4-14 one course of the training program established under this section.
4-15 (b) A training program established under this section shall
4-16 provide information to the member regarding:
4-17 (1) the enabling legislation that created the board;
4-18 (2) the programs operated by the board;
4-19 (3) the role and functions of the board;
4-20 (4) the rules of the board with an emphasis on the
4-21 rules that relate to disciplinary and investigatory authority;
4-22 (5) the current budget for the board;
4-23 (6) the results of the most recent formal audit of the
4-24 board;
4-25 (7) the requirements of the:
5-1 (A) open meetings law, Chapter 551;
5-2 (B) open records law, Chapter 552; and
5-3 (C) administrative procedure law, Chapter 2001;
5-4 (8) the requirements of the conflict of interest laws
5-5 and other laws relating to public officials; and
5-6 (9) any applicable ethics policies adopted by the
5-7 board or the Texas Ethics Commission.
5-8 Sec. 435.005. VACANCY; INABILITY TO SERVE. (a) If a member
5-9 of the board who is a senior [an] officer of the Texas National
5-10 Guard retires from active service with the Texas National Guard,
5-11 the member's position on the board becomes vacant. That
5-12 [(b) A] vacancy on the board is filled for the unexpired
5-13 term in the same manner in which the position was originally filled
5-14 [by the person who fills the position in the Texas National Guard
5-15 of the person whose retirement created the vacancy. The governor
5-16 shall certify the officer filling the vacancy to the secretary of
5-17 state, who shall notify the officer of the officer's eligibility to
5-18 fill the vacancy not later than the 10th day after the date the
5-19 vacancy occurs. Not later than the 15th day after the date the
5-20 officer receives the notice, the officer shall qualify by taking
5-21 and filing with the secretary of state the constitutional oath of
5-22 office. If the officer fails to qualify as a member of the board
5-23 under the state constitution or this chapter, the governor shall
5-24 certify to the secretary of state the next senior officer in
5-25 military rank to qualify].
6-1 (b) [(c)] If a member of the board who is a senior officer
6-2 [a member] of the Texas National Guard is unable to serve as a
6-3 board member because of induction into federal service of the
6-4 member or the member's military unit, the governor shall fill the
6-5 position in the same manner in which the position was originally
6-6 filled, and [designate the next senior officer of the Texas
6-7 National Guard as] the member's successor [in function] on the
6-8 board serves for the period of the induction into federal service.
6-9 The successor shall qualify as a member of the board.
6-10 Sec. 435.006. REMOVAL. (a) It is a ground for removal from
6-11 the board if a member:
6-12 (1) does not have at the time of appointment the
6-13 qualifications required by Sections 435.004(a) and (c);
6-14 (2) does not maintain during service on the board the
6-15 qualifications required by Sections 435.004(a) and (c);
6-16 (3) violates a prohibition established by Section
6-17 435.004(d) or 435.0043;
6-18 (4) cannot because of illness or disability discharge
6-19 the member's duties for a substantial part of the term for which
6-20 the member is appointed; or
6-21 (5) is absent from more than half of the regularly
6-22 scheduled board meetings that the member is eligible to attend
6-23 during a calendar year unless the absence is excused by majority
6-24 vote of the board [fails to attend at least one-half of the
6-25 regularly scheduled board meetings held in a calendar year,
7-1 excluding meetings held while the person was not a member].
7-2 (b) The validity of an action of the board is not affected
7-3 by the fact that it is taken when a ground for removal of a board
7-4 member exists.
7-5 (c) If the executive secretary has knowledge that a
7-6 potential ground for removal exists, the executive secretary shall
7-7 notify the presiding officer of the board of the potential ground.
7-8 The presiding officer shall then notify the governor and the
7-9 attorney general that a potential ground for removal exists. If
7-10 the potential ground for removal involves the presiding officer,
7-11 the executive secretary shall notify the next highest officer of
7-12 the board, who shall notify the governor and the attorney general
7-13 that a potential ground for removal exists.
7-14 Sec. 435.007. TERM AND OFFICERS. (a) The term of office of
7-15 a board member is six years without regard to the organizational
7-16 structure of the Texas National Guard.
7-17 (b) The board annually shall elect a [chairman and]
7-18 treasurer from among its members.
7-19 Sec. 435.009. PERSONNEL. (a) The board may employ an
7-20 executive secretary and other officials, counsel, agents, and
7-21 employees as necessary to carry out the board's purposes and
7-22 duties, and may prescribe their duties and fix their compensation.
7-23 (b) The executive secretary or the executive secretary's
7-24 designee shall develop an intra-agency [a] career ladder program
7-25 that addresses opportunities for mobility and advancement for
8-1 employees within the board [agency]. The program shall [must]
8-2 require intra-agency posting of all positions concurrently with any
8-3 public posting [that openings in all positions except entry level
8-4 positions be posted within the board for at least 10 days before
8-5 they are posted for the public].
8-6 (c) The executive secretary or the executive secretary's
8-7 designee shall develop a system of annual performance evaluations
8-8 that are based on documented employee performance [evaluation based
8-9 on measurable job tasks]. All merit [Merit] pay for board
8-10 employees must [shall] be based on the [this] system established
8-11 under this subsection.
8-12 (d) The executive secretary or the executive secretary's
8-13 designee shall provide to members of the board and to agency
8-14 employees, as often as necessary, information regarding their
8-15 qualification for office or employment under this chapter and their
8-16 responsibilities under applicable laws relating to standards of
8-17 conduct for state officers or employees.
8-18 (e) The board shall develop and implement policies that
8-19 clearly separate the policymaking responsibilities of the board and
8-20 the management responsibilities of the executive secretary and the
8-21 staff of the board.
8-22 Sec. 435.0095. EQUAL EMPLOYMENT OPPORTUNITY POLICY
8-23 STATEMENT. (a) The executive secretary or the executive
8-24 secretary's designee shall prepare and maintain a written policy
8-25 statement to assure implementation of a program of equal employment
9-1 opportunity under which all personnel transactions are made without
9-2 regard to race, color, disability, sex, religion, age, or national
9-3 origin. The policy statement must include:
9-4 (1) personnel policies, including policies relating to
9-5 recruitment, evaluation, selection, appointment, training, and
9-6 promotion of personnel that are in compliance with requirements of
9-7 Chapter 21, Labor Code;
9-8 (2) a comprehensive analysis of the board workforce
9-9 that meets federal and state guidelines;
9-10 (3) procedures by which a determination can be made
9-11 about the extent of underuse in the board workforce of all persons
9-12 for whom federal or state guidelines encourage a more equitable
9-13 balance; and
9-14 (4) reasonable methods to appropriately address those
9-15 areas of underuse.
9-16 (b) A policy statement prepared under Subsection (a) must
9-17 cover an annual period, be updated annually and reviewed by the
9-18 Commission on Human Rights for compliance with Subsection (a)(1),
9-19 and be filed with the governor's office.
9-20 (c) The governor's office shall deliver a biennial report to
9-21 the legislature based on the information received under Subsection
9-22 (b). The report may be made separately or as a part of other
9-23 biennial reports made to the legislature.
9-24 Sec. 435.012. RECORDS; AUDIT; REPORT. (a) The board shall
9-25 keep accurate minutes of its meetings and shall keep accurate
10-1 records and books of account that conform with approved methods of
10-2 accounting and that clearly reflect the income and expenses of the
10-3 board and all transactions in relation to its property.
10-4 (b) The financial transactions of the board are subject to
10-5 audit by the state auditor in accordance with Chapter 321,
10-6 Government Code.
10-7 (c) The executive secretary shall prepare annually [On or
10-8 before January 1 of each year, the board shall make in writing to
10-9 the governor and the presiding officer of each house of the
10-10 legislature] a complete and detailed written report accounting for
10-11 all funds received and disbursed by the board during the preceding
10-12 fiscal year. The annual report must meet the reporting
10-13 requirements applicable to financial reporting provided in the
10-14 General Appropriations Act.
10-15 Sec. 435.014. PUBLIC HEARINGS. The board shall develop and
10-16 implement policies that provide the public with a reasonable
10-17 opportunity to appear before the board and to speak on any issue
10-18 under the jurisdiction of the board.
10-19 Sec. 435.015. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
10-20 (a) The board shall prepare information of public interest
10-21 describing the functions of the board and the procedures by which
10-22 complaints are filed with and resolved by the board. The board
10-23 shall make the information available to the public and appropriate
10-24 state agencies.
10-25 (b) The board by rule shall establish methods by which
11-1 consumers and service recipients are notified of the name, mailing
11-2 address, and telephone number of the board for the purpose of
11-3 directing complaints to the board relating to building maintenance
11-4 or agency performance. The board may provide for that notification
11-5 on a sign prominently displayed in each building under the
11-6 jurisdiction of the board.
11-7 (c) The board shall keep a file about each written complaint
11-8 filed with the board that the agency has authority to resolve. The
11-9 board shall provide to the person filing the complaint and the
11-10 persons or entities complained about the board's policies and
11-11 procedures pertaining to complaint investigation and resolution.
11-12 The board, at least quarterly and until final disposition of the
11-13 complaint, shall notify the person filing the complaint and the
11-14 persons or entities complained about of the status of the complaint
11-15 unless the notice would jeopardize an undercover investigation.
11-16 (d) The board shall keep information about each complaint
11-17 filed with the board. The information shall include:
11-18 (1) the date the complaint is received;
11-19 (2) the name of the complainant;
11-20 (3) the subject matter of the complaint;
11-21 (4) a record of all persons contacted in relation to
11-22 the complaint;
11-23 (5) a summary of the results of the review or
11-24 investigation of the complaint; and
11-25 (6) for complaints for which the agency took no
12-1 action, an explanation of the reason the complaint was closed
12-2 without action.
12-3 Sec. 435.016. FUNDS SUBJECT TO STATE FUNDS REFORM ACT. All
12-4 money paid to the board under this chapter, except that money
12-5 directly related to bonds used to build, renovate, or modify Texas
12-6 National Guard armories, is subject to Subchapter F, Chapter 404.
12-7 Sec. 435.017. PROGRAM AND FACILITY ACCESSIBILITY. The board
12-8 shall comply with federal and state laws related to program and
12-9 facility accessibility. The executive secretary shall also prepare
12-10 and maintain a written plan that describes how a person who does
12-11 not speak English can be provided reasonable access to the board
12-12 programs and services.
12-13 SECTION 2. (a) The Texas National Guard Armory Board shall
12-14 donate and transfer to the City of Donna the real property
12-15 described by Subsection (d) of this section if:
12-16 (1) the property is no longer used by the Texas
12-17 National Guard Armory Board as an armory;
12-18 (2) the property is fully paid for and free of liens;
12-19 and
12-20 (3) all obligations incurred in connection with the
12-21 acquisition and construction of the property have been fully paid.
12-22 (b) The Texas National Guard Armory Board shall transfer the
12-23 property by an appropriate instrument of transfer. The instrument
12-24 must include a provision that:
12-25 (1) requires the City of Donna to use the property
13-1 only for governmental purposes; and
13-2 (2) indicates that ownership of the property will
13-3 automatically revert to the Texas National Guard Armory Board if
13-4 the City of Donna uses the property for any purpose other than a
13-5 governmental purpose.
13-6 (c) The Texas National Guard Armory Board shall retain
13-7 custody of the instrument of transfer after its filing.
13-8 (d) The real property referred to in Subsection (a) of this
13-9 section is described as follows:
13-10 Being Lots Eight (8) to Twenty-One (21), inclusive, and Lots
13-11 Thirty-five (35) to Forty (40), inclusive, out of the La Colonial
13-12 Subdivision in Donna, Hidalgo County, Texas, said Subdivision being
13-13 a Re-subdivision of Lots One (1) and Two (2), Block Eighty-One (81)
13-14 of the Lott, Town and Improvement Company's Subdivision of lands in
13-15 Hidalgo County, Texas, according to the maps and plats of said
13-16 subdivisions of record in the Office of the County Clerk of Hidalgo
13-17 County, Texas, to which reference is here made for all purposes;
13-18 SAVE AND EXCEPT all of the Oil, Gas, and other minerals in and
13-19 under, and that may be produced from said property, same being
13-20 expressly reserved to the City of Donna, Texas.
13-21 SECTION 3. (a) The Texas National Guard Armory Board shall
13-22 donate and transfer to the City of Edinburg the real property
13-23 described by Subsection (d) of this section if:
13-24 (1) the property is no longer used by the Texas
13-25 National Guard Armory Board as an armory;
14-1 (2) the property is fully paid for and free of liens;
14-2 and
14-3 (3) all obligations incurred in connection with the
14-4 acquisition and construction of the property have been fully paid.
14-5 (b) The Texas National Guard Armory Board shall transfer the
14-6 property by an appropriate instrument of transfer. The instrument
14-7 must include a provision that:
14-8 (1) requires the City of Edinburg to use the property
14-9 only for governmental purposes; and
14-10 (2) indicates that ownership of the property will
14-11 automatically revert to the Texas National Guard Armory Board if
14-12 the City of Edinburg uses the property for any purpose other than a
14-13 governmental purpose.
14-14 (c) The Texas National Guard Armory Board shall retain
14-15 custody of the instrument of transfer after its filing.
14-16 (d) The real property referred to in Subsection (a) of this
14-17 section is described as follows:
14-18 A tract of land containing 3.42 acres, more or less, out of Lot No.
14-19 Ten (10) in Section No. Two Hundred Seventy-One (271) of the
14-20 Texas-Mexican Railway Company's Surveys in Hidalgo County, Texas,
14-21 according to the map or plat showing the subdivision of said
14-22 section along with other sections appearing of record in Volume 24,
14-23 Page 168 of the Deed Records of Hidalgo County, Texas, said tract
14-24 being more particularly described by metes and bounds as follows:
14-25 Beginning at a point on the West boundary line of said Lot No. Ten
15-1 (10), Section No. Two Hundred Seventy-One (271), 603.8 feet North
15-2 of the Southwest corner of said Lot; Thence Easterly on a line
15-3 parallel to the South boundary line of said Lot No. 10 a distance
15-4 of 307.86 feet to a point for the Southeast corner of this tract;
15-5 Thence Northerly on a line parallel to the West boundary line of
15-6 said Lot No. 10 a distance of 650.2 feet to a point, which point is
15-7 66 feet South of the North boundary line of said Lot No. 10 and
15-8 also 13 feet South of the South concrete edge of a concrete-lined
15-9 canal; Thence Westerly on a line parallel to the North boundary
15-10 line of said Lot No. 10 and said concrete canal a distance of 132
15-11 feet to a point; Thence Southerly and Westerly a distance of 141.39
15-12 feet along a curved line parallel to and 13 feet distant from said
15-13 concrete canal to a point; Thence Southerly on a line parallel to
15-14 the West boundary line of said Lot No. 10 and concrete canal a
15-15 distance of 391 feet to a point; Thence Westerly on a line parallel
15-16 to the North boundary line of said Lot No. 10 a distance of 36 feet
15-17 to a point; Thence Southerly on a line parallel to the West
15-18 boundary line of said Lot No. 10 a distance of 160 feet to a point;
15-19 Thence Westerly on a line parallel to the North boundary line of
15-20 said Lot No. 10 a distance of 50 feet to a point on the West
15-21 boundary line of said Lot No. 10; Thence Southerly along the West
15-22 boundary line of said Lot No. 10 a distance of 10 feet to the point
15-23 of beginning, containing, by the above metes and bounds, 3.42 acres
15-24 of land, more or less.
15-25 SECTION 4. (a) The Texas National Guard Armory Board shall
16-1 donate and transfer to the City of McAllen the real property
16-2 described by Subsection (d) of this section if:
16-3 (1) the property is no longer used by the Texas
16-4 National Guard Armory Board as an armory;
16-5 (2) the property is fully paid for and free of liens;
16-6 and
16-7 (3) all obligations incurred in connection with the
16-8 acquisition and construction of the property have been fully paid.
16-9 (b) The Texas National Guard Armory Board shall transfer the
16-10 property by an appropriate instrument of transfer. The instrument
16-11 must include a provision that:
16-12 (1) requires the City of McAllen to use the property
16-13 only for governmental purposes; and
16-14 (2) indicates that ownership of the property will
16-15 automatically revert to the Texas National Guard Armory Board if
16-16 the City of McAllen uses the property for any purpose other than a
16-17 governmental purpose.
16-18 (c) The Texas National Guard Armory Board shall retain
16-19 custody of the instrument of transfer after its filing.
16-20 (d) The real property referred to in Subsection (a) of this
16-21 section is described as follows:
16-22 The North Five (N 5) acres of the South Eight and Sixty Nine
16-23 Hundredths (8.69) acres of Lot Fifteen (15) in the Northwest
16-24 Quarter (1/4) of Section Seven (7), Hidalgo Canal Company's
16-25 Subdivision of lands out of Porciones 64, 65 and 66 in Hidalgo
17-1 County, Texas, said five (5) acres being the North 303.77 feet of
17-2 the South 528.0 feet of said Lot 15, and is described by metes and
17-3 bounds as follows:
17-4 BEGINNING at a point in South Main Street in the City of McAllen,
17-5 Texas, on the West line of Lot 15, Northwest 1/4 of Section 7,
17-6 Hidalgo Canal Company's Subdivision of Porciones 64, 65 and 66,
17-7 Hidalgo County, Texas, North 8 degrees 46 minutes West, 528.0 feet
17-8 from the Southwest corner of said Lot 15 for the Northwest corner
17-9 of the South 8.69 acres of said lot and the Northwest corner
17-10 hereof.
17-11 THENCE, with the North line of the South 8.69 acres of Lot 15,
17-12 South 81 deg. 16 min. East, 717.0 feet to a point on the East line
17-13 of Lot 15 for the Northeast corner hereof.
17-14 THENCE, with the East line of Lot 15, South 8 deg. 46 min. West,
17-15 303.77 feet to a point for the Southeast corner hereof.
17-16 THENCE, parallel to the South line of Lot 15, North 81 deg. 16 min.
17-17 West, 717.0 feet to a point on the West line of Lot 15 for the
17-18 Southwest corner hereof.
17-19 THENCE, with the West line of Lot 15 in South Main Street, North 8
17-20 deg. 46 min. West, 303.77 feet to the POINT OF BEGINNING,
17-21 containing 5.0 acres of land, of which the West 39.0 feet is hereby
17-22 set aside for Main Street right-of-way:
17-23 SAVE AND EXCEPT all oil, gas and other minerals.
17-24 SECTION 5. (a) The Texas National Guard Armory Board shall
17-25 donate and transfer to the City of Pharr the real property
18-1 described by Subsection (d) of this section if:
18-2 (1) the property is no longer used by the Texas
18-3 National Guard Armory Board as an armory;
18-4 (2) the property is fully paid for and free of liens;
18-5 and
18-6 (3) all obligations incurred in connection with the
18-7 acquisition and construction of the property have been fully paid.
18-8 (b) The Texas National Guard Armory Board shall transfer the
18-9 property by an appropriate instrument of transfer. The instrument
18-10 must include a provision that:
18-11 (1) requires the City of Pharr to use the property
18-12 only for governmental purposes; and
18-13 (2) indicates that ownership of the property will
18-14 automatically revert to the Texas National Guard Armory Board if
18-15 the City of Pharr uses the property for any purpose other than a
18-16 governmental purpose.
18-17 (c) The Texas National Guard Armory Board shall retain
18-18 custody of the instrument of transfer after its filing.
18-19 (d) The real property referred to in Subsection (a) of this
18-20 section is described as follows:
18-21 Three (3) acres of land in the South part of Lot Number 182 of the
18-22 Kelly-Pharr Subdivision of Porciones 69-70, Hidalgo County, Texas,
18-23 according to the map of said subdivision, recorded in Volume "3",
18-24 pages 133-134, of the Deed Records of said county, described by
18-25 metes and bounds as follows, to wit:
19-1 Beginning in the South line of said Lot No. 182 at a point N 81 35'
19-2 W 630 feet from the Southeast corner of said lot, for the Southwest
19-3 corner hereof; thence S 81 35' E 300 feet to a point in said south
19-4 line for the Southeast corner hereof; thence N 8 25' E parallel
19-5 with the East line of said lot, 435.6 feet to a point for the
19-6 Northeast corner hereof; thence N 81 35' W, parallel with the South
19-7 line of said lot, 300 feet to a point for the Northwest corner
19-8 hereof; Thence S 8 25' W, parallel with the East line of said lot,
19-9 435.6 feet to the place and point of beginning,- containing three
19-10 (3) acres, EXCEPTING from this conveyance however, and not conveyed
19-11 hereby, all of the oil, gas and other minerals in, under and that
19-12 may be produced from said described three acres.
19-13 SECTION 6. This Act takes effect September 1, 1997.
19-14 SECTION 7. The changes in law made by this Act relating to
19-15 the qualifications of, and the prohibitions applying to, members of
19-16 the Texas National Guard Armory Board do not affect the entitlement
19-17 of a member of the board serving immediately before the effective
19-18 date of this Act to continue to carry out the functions of the
19-19 board for the remainder of the member's term. The changes in law
19-20 apply only to a member appointed on or after September 1, 1997.
19-21 This Act does not prohibit a person who is a member of the board on
19-22 September 1, 1997, from being reappointed to the board if the
19-23 person has the qualifications required for a member under Chapter
19-24 435, Government Code, as amended by this Act.
19-25 SECTION 8. The importance of this legislation and the
20-1 crowded condition of the calendars in both houses create an
20-2 emergency and an imperative public necessity that the
20-3 constitutional rule requiring bills to be read on three several
20-4 days in each house be suspended, and this rule is hereby suspended.