By:  Nelson, Cain                                      S.B. No. 728

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the disposition of certain state land used as the site

 1-2     for the superconducting super collider research facility.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 465.018, Government Code, is amended by

 1-5     adding Subsection (d) to read as follows:

 1-6           (d)  The authority of the commission to manage, control,

 1-7     market, and dispose of real property and interests in real property

 1-8     is transferred to the General Land Office.  The powers conferred on

 1-9     the General Land Office under this subsection are in addition to

1-10     and not in derogation of any other legal authority the General Land

1-11     Office has to acquire, manage, control, market, and dispose of real

1-12     property.

1-13           SECTION 2.  Subchapter G, Chapter 31, Natural Resources Code,

1-14     is amended by adding Sections 31.307 through 31.309 to read as

1-15     follows:

1-16           Sec. 31.307.  DEDICATION OF ROADS.  The commissioner may

1-17     dedicate roads located on the land used as the site for the

1-18     superconducting super collider research facility to the county in

1-19     which the roads are located if the commissioner believes that the

1-20     dedication will enhance the value of remaining state land.

1-21           Sec. 31.308.  CONVEYANCE OF SURFACE AND SUBSURFACE ESTATE.

1-22     (a)  In this section, "subsurface estate" means the subsurface

1-23     acquired by the state to construct or maintain the underground

 2-1     accelerator partially built or proposed to be built as part of the

 2-2     superconducting super collider research facility.

 2-3           (b)  The commissioner shall convey the state's interest in

 2-4     the subsurface estate underlying the surface estate of land used as

 2-5     the site for the superconducting super collider research facility

 2-6     if the owner of the surface estate pays a sum based on the value of

 2-7     the subsurface estate as determined by the commissioner.  After the

 2-8     state conveys its interest in the subsurface estate as provided by

 2-9     this subsection, title to the subsurface estate is reunited with

2-10     the title to the surface estate.

2-11           (c)  Unless the instrument of conveyance provides otherwise,

2-12     a conveyance of the surface estate of land by the state under this

2-13     subchapter includes the conveyance of the subsurface estate to the

2-14     extent of the state's interest in the subsurface estate.

2-15           (d)  The commissioner may adopt rules necessary to implement

2-16     this section.

2-17           Sec. 31.309.  PREFERENCE RIGHT TO PURCHASE CERTAIN LAND.

2-18     (a)  A person or the person's heirs who conveyed land to the state

2-19     for use by the superconducting super collider research facility has

2-20     a preference right to purchase the same tract of land previously

2-21     conveyed before the tract is offered for sale by the state to any

2-22     other person.

2-23           (b)  A person who has a preference right under this section

2-24     must pay at least the fair market value for the land as determined

2-25     by an appraisal conducted by the land office.

 3-1           (c)  This section does not apply to a subsurface estate as

 3-2     defined by Section 31.308.

 3-3           (d)  The commissioner may adopt rules necessary to implement

 3-4     this section.

 3-5           SECTION 3.  This Act takes effect September 1, 1997.

 3-6           SECTION 4.  The importance of this legislation and the

 3-7     crowded condition of the calendars in both houses create an

 3-8     emergency and an imperative public necessity that the

 3-9     constitutional rule requiring bills to be read on three several

3-10     days in each house be suspended, and this rule is hereby suspended.