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.

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