Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

         By:  Nelson                                   S.B. No. 728

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the status, control over, and disposition of state

 1-2     property, including property owned or used for the superconducting

 1-3     super collider research facility.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 31.068, Natural Resources Code, is added

 1-6     to read as follows:

 1-7           Sec. 31.068.  DEDICATION OF ROADS.  The legislature finds

 1-8     that the dedication to a county of roads located on state land may

 1-9     enhance the value of remaining state land.  If the commissioner

1-10     determines that such a dedication will enhance the value of

1-11     remaining state land, the commissioner is authorized to dedicate

1-12     roads located on superconducting super collider research facility

1-13     land to the county in which the roads are located.

1-14           SECTION 2.  Section 31.3041, Natural Resources Code, is added

1-15     to read as follows:

1-16           Sec. 31.3041.  DISPOSITION OF SUBSURFACE ESTATE.  (a)  For

1-17     purposes of this section, the term "subsurface estate" means the

1-18     subsurface owned by the state for purposes related to the

1-19     construction or maintenance of the underground accelerator

1-20     partially built or proposed to be built as part of the

1-21     superconducting super collider research facility.

1-22           (b)  Unless the instrument of conveyance provides otherwise,

1-23     any conveyance of the surface of real property of the state also

 2-1     conveys the subsurface estate of the state to the extent that the

 2-2     subsurface estate has not previously been conveyed or reserved.

 2-3           (c)  Upon payment of $50, the owner of the surface estate may

 2-4     receive, and the commissioner is directed to issue, a deed

 2-5     conveying the state's subsurface estate underlying the surface

 2-6     estate owned by the applicant.  Upon delivery of the state's deed

 2-7     to the applicant surface owner pursuant to this section, title to

 2-8     the subsurface estate shall be reunited with the title to the

 2-9     surface estate.  The commissioner may adopt any rules necessary to

2-10     implement this section.

2-11           SECTION 3.  Section 31.3042, Natural Resources Code, is added

2-12     to read as follows:

2-13           Sec. 31.3042.  DISPOSITION OF SURFACE ESTATE.  A person, or

2-14     the heirs of a person, who conveyed a particular tract of land to

2-15     the State of Texas for the use of the superconducting super

2-16     collider research facility shall have a preference right to

2-17     purchase the tract before the tract is made available for sale to

2-18     any other person, provided the person having the preference right

2-19     pays not less than the fair market value for the land as determined

2-20     by an appraisal conducted by the General Land Office.  This section

2-21     shall not apply to subsurface estates, as "subsurface estate" is

2-22     defined in Section 31.3041 of this subchapter.  The commissioner

2-23     may adopt any rules necessary to implement this section.

2-24           SECTION 4.  Section 31.307, Natural Resources Code, is added

2-25     to read as follows:

 3-1           Sec. 31.307.  TRANSFER OF POWER AND AUTHORITY.  Effective

 3-2     September 1, 1997, all of the power and authority of the Texas

 3-3     National Research Laboratory Commission to manage, control, market,

 3-4     and dispose of real property and interests in real property, as set

 3-5     out in Chapter 465 of the Government Code, is transferred to the

 3-6     Texas General Land Office.  All of the powers to which the General

 3-7     Land Office shall succeed pursuant to this section shall be in

 3-8     addition to, and not in derogation of, any other legal authority

 3-9     the General Land Office has, at any time, to acquire, manage,

3-10     control, market, and dispose of property.

3-11           SECTION 5.  The importance of this legislation and the

3-12     crowded condition of the calendars in both houses create an

3-13     emergency and an imperative public necessity that the

3-14     constitutional rule requiring bills to be read on three several

3-15     days in each house be suspended, and this rule is hereby suspended,

3-16     and that this Act take effect and be in force from and after its

3-17     passage, and it is so enacted.