1-1 By: Nelson, Cain S.B. No. 728 1-2 (In the Senate - Filed February 24, 1997; February 26, 1997, 1-3 read first time and referred to Committee on Natural Resources; 1-4 April 7, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 11, Nays 0; April 7, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 728 By: Ogden 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the disposition of certain state land used as the site 1-11 for the superconducting super collider research facility. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Section 465.018, Government Code, is amended by 1-14 adding Subsection (d) to read as follows: 1-15 (d) The authority of the commission to manage, control, 1-16 market, and dispose of real property and interests in real property 1-17 is transferred to the General Land Office. The powers conferred on 1-18 the General Land Office under this subsection are in addition to 1-19 and not in derogation of any other legal authority the General Land 1-20 Office has to acquire, manage, control, market, and dispose of real 1-21 property. 1-22 SECTION 2. Subchapter G, Chapter 31, Natural Resources Code, 1-23 is amended by adding Sections 31.307 through 31.309 to read as 1-24 follows: 1-25 Sec. 31.307. DEDICATION OF ROADS. The commissioner may 1-26 dedicate roads located on the land used as the site for the 1-27 superconducting super collider research facility to the county in 1-28 which the roads are located if the commissioner believes that the 1-29 dedication will enhance the value of remaining state land. 1-30 Sec. 31.308. CONVEYANCE OF SURFACE AND SUBSURFACE ESTATE. 1-31 (a) In this section, "subsurface estate" means the subsurface 1-32 acquired by the state to construct or maintain the underground 1-33 accelerator partially built or proposed to be built as part of the 1-34 superconducting super collider research facility. 1-35 (b) The commissioner shall convey the state's interest in 1-36 the subsurface estate underlying the surface estate of land used as 1-37 the site for the superconducting super collider research facility 1-38 if the owner of the surface estate pays a sum based on the value of 1-39 the subsurface estate as determined by the commissioner. After the 1-40 state conveys its interest in the subsurface estate as provided by 1-41 this subsection, title to the subsurface estate is reunited with 1-42 the title to the surface estate. 1-43 (c) Unless the instrument of conveyance provides otherwise, 1-44 a conveyance of the surface estate of land by the state under this 1-45 subchapter includes the conveyance of the subsurface estate to the 1-46 extent of the state's interest in the subsurface estate. 1-47 (d) The commissioner may adopt rules necessary to implement 1-48 this section. 1-49 Sec. 31.309. PREFERENCE RIGHT TO PURCHASE CERTAIN LAND. 1-50 (a) A person or the person's heirs who conveyed land to the state 1-51 for use by the superconducting super collider research facility has 1-52 a preference right to purchase the same tract of land previously 1-53 conveyed before the tract is offered for sale by the state to any 1-54 other person. 1-55 (b) A person who has a preference right under this section 1-56 must pay at least the fair market value for the land as determined 1-57 by an appraisal conducted by the land office. 1-58 (c) This section does not apply to a subsurface estate as 1-59 defined by Section 31.308. 1-60 (d) The commissioner may adopt rules necessary to implement 1-61 this section. 1-62 SECTION 3. This Act takes effect September 1, 1997. 1-63 SECTION 4. The importance of this legislation and the 1-64 crowded condition of the calendars in both houses create an 2-1 emergency and an imperative public necessity that the 2-2 constitutional rule requiring bills to be read on three several 2-3 days in each house be suspended, and this rule is hereby suspended. 2-4 * * * * *