By:  Lucio                                            S.B. No. 1770

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the transfer of certain state property from the Texas

 1-2     National Guard Armory Board to certain municipalities.

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

 1-4           SECTION 1.  (a)  The Texas National Guard Armory Board shall

 1-5     donate and transfer to the City of Donna the real property

 1-6     described by Subsection (d) of this section if:

 1-7                 (1)  the property is no longer used by the Texas

 1-8     National Guard Armory Board as an armory;

 1-9                 (2)  the property is fully paid for and free of liens;

1-10     and

1-11                 (3)  all obligations incurred in connection with the

1-12     acquisition and construction of the property have been fully paid.

1-13           (b)  The Texas National Guard Armory Board shall transfer the

1-14     property by an appropriate instrument of transfer.  The instrument

1-15     must include a provision that:

1-16                 (1)  requires the City of Donna to use the property

1-17     only for governmental purposes; and

1-18                 (2)  indicates that ownership of the property will

1-19     automatically revert to the Texas National Guard Armory Board if

1-20     the City of Donna uses the property for any purpose other than a

1-21     governmental purpose.

 2-1           (c)  The Texas National Guard Armory Board shall retain

 2-2     custody of the instrument of transfer after its filing.

 2-3           (d)  The real property referred to in Subsection (a) of this

 2-4     section is described as follows:

 2-5     Being Lots Eight (8) to Twenty-One (21), inclusive, and Lots

 2-6     Thirty-five (35) to Forty (40), inclusive, out of the La Colonial

 2-7     Subdivision in Donna, Hidalgo County, Texas, said Subdivision being

 2-8     a Re-subdivision of Lots One (1) and Two (2), Block Eighty-One (81)

 2-9     of the Lott, Town and Improvement Company's Subdivision of lands in

2-10     Hidalgo County, Texas, according to the maps and plats of said

2-11     subdivisions of record in the Office of the County Clerk of Hidalgo

2-12     County, Texas, to which reference is here made for all purposes;

2-13     SAVE AND EXCEPT all of the Oil, Gas, and other minerals in and

2-14     under, and that may be produced from said property, same being

2-15     expressly reserved to the City of Donna, Texas.

2-16           SECTION 2.  (a)  The Texas National Guard Armory Board shall

2-17     donate and transfer to the City of Edinburg the real property

2-18     described by Subsection (d) of this section if:

2-19                 (1)  the property is no longer used by the Texas

2-20     National Guard Armory Board as an armory;

2-21                 (2)  the property is fully paid for and free of liens;

2-22     and

2-23                 (3)  all obligations incurred in connection with the

2-24     acquisition and construction of the property have been fully paid.

2-25           (b)  The Texas National Guard Armory Board shall transfer the

 3-1     property by an appropriate instrument of transfer.  The instrument

 3-2     must include a provision that:

 3-3                 (1)  requires the City of Edinburg to use the property

 3-4     only for governmental purposes; and

 3-5                 (2)  indicates that ownership of the property will

 3-6     automatically revert to the Texas National Guard Armory Board if

 3-7     the City of Edinburg uses the property for any purpose other than a

 3-8     governmental purpose.

 3-9           (c)  The Texas National Guard Armory Board shall retain

3-10     custody of the instrument of transfer after its filing.

3-11           (d)  The real property referred to in Subsection (a) of this

3-12     section is described as follows:

3-13     A tract of land containing 3.42 acres, more or less, out of Lot No.

3-14     Ten (10) in Section No. Two Hundred Seventy-One (271) of the

3-15     Texas-Mexican Railway Company's Surveys in Hidalgo County, Texas,

3-16     according to the map or plat showing the subdivision of said

3-17     section along with other sections appearing of record in Volume 24,

3-18     Page 168 of the Deed Records of Hidalgo County, Texas, said tract

3-19     being more particularly described by metes and bounds as follows:

3-20     Beginning at a point on the West boundary line of said Lot No. Ten

3-21     (10), Section No. Two Hundred Seventy-One (271), 603.8 feet North

3-22     of the Southwest corner of said Lot; Thence Easterly on a line

3-23     parallel to the South boundary line of said Lot No. 10 a distance

3-24     of 307.86 feet to a point for the Southeast corner of this tract;

3-25     Thence Northerly on a line parallel to the West boundary line of

 4-1     said Lot No. 10 a distance of 650.2 feet to a point, which point is

 4-2     66 feet South of the North boundary line of said Lot No. 10 and

 4-3     also 13 feet South of the South concrete edge of a concrete-lined

 4-4     canal; Thence Westerly on a line parallel to the North boundary

 4-5     line of said Lot No. 10 and said concrete canal a distance of 132

 4-6     feet to a point; Thence Southerly and Westerly a distance of 141.39

 4-7     feet along a curved line parallel to and 13 feet distant from said

 4-8     concrete canal to a point; Thence Southerly on a line parallel to

 4-9     the West boundary line of said Lot No. 10 and concrete canal a

4-10     distance of 391 feet to a point; Thence Westerly on a line parallel

4-11     to the North boundary line of said Lot No. 10 a distance of 36 feet

4-12     to a point; Thence Southerly on a line parallel to the West

4-13     boundary line of said Lot No. 10 a distance of 160 feet to a point;

4-14     Thence Westerly on a line parallel to the North boundary line of

4-15     said Lot No. 10 a distance of 50 feet to a point on the West

4-16     boundary line of said Lot No. 10; Thence Southerly along the West

4-17     boundary line of said Lot No. 10 a distance of 10 feet to the point

4-18     of beginning, containing, by the above metes and bounds, 3.42 acres

4-19     of land, more or less.

4-20           SECTION 3.  (a)  The Texas National Guard Armory Board shall

4-21     donate and transfer to the City of McAllen the real property

4-22     described by Subsection (d) of this section if:

4-23                 (1)  the property is no longer used by the Texas

4-24     National Guard Armory Board as an armory;

4-25                 (2)  the property is fully paid for and free of liens;

 5-1     and

 5-2                 (3)  all obligations incurred in connection with the

 5-3     acquisition and construction of the property have been fully paid.

 5-4           (b)  The Texas National Guard Armory Board shall transfer the

 5-5     property by an appropriate instrument of transfer.  The instrument

 5-6     must include a provision that:

 5-7                 (1)  requires the City of McAllen to use the property

 5-8     only for governmental purposes; and

 5-9                 (2)  indicates that ownership of the property will

5-10     automatically revert to the Texas National Guard Armory Board if

5-11     the City of McAllen uses the property for any purpose other than a

5-12     governmental purpose.

5-13           (c)  The Texas National Guard Armory Board shall retain

5-14     custody of the instrument of transfer after its filing.

5-15           (d)  The real property referred to in Subsection (a) of this

5-16     section is described as follows:

5-17     The North Five (N 5) acres of the South Eight and Sixty Nine

5-18     Hundredths (8.69) acres of Lot Fifteen (15) in the Northwest

5-19     Quarter (1/4) of Section Seven (7), Hidalgo Canal Company's

5-20     Subdivision of lands out of Porciones 64, 65 and 66 in Hidalgo

5-21     County, Texas, said five (5) acres being the North 303.77 feet of

5-22     the South 528.0 feet of said Lot 15, and is described by metes and

5-23     bounds as follows:

5-24     BEGINNING at a point in South Main Street in the City of McAllen,

5-25     Texas, on the West line of Lot 15, Northwest 1/4 of Section 7,

 6-1     Hidalgo Canal Company's Subdivision of Porciones 64, 65 and 66,

 6-2     Hidalgo County, Texas, North 8 degrees 46 minutes West, 528.0 feet

 6-3     from the Southwest corner of said Lot 15 for the Northwest corner

 6-4     of the South 8.69 acres of said lot and the Northwest corner

 6-5     hereof.

 6-6     THENCE, with the North line of the South 8.69 acres of Lot 15,

 6-7     South 81 deg. 16 min. East, 717.0 feet to a point on the East line

 6-8     of Lot 15 for the Northeast corner hereof.

 6-9     THENCE, with the East line of Lot 15, South 8 deg. 46 min. West,

6-10     303.77 feet to a point for the Southeast corner hereof.

6-11     THENCE, parallel to the South line of Lot 15, North 81 deg. 16 min.

6-12     West, 717.0 feet to a point on the West line of Lot 15 for the

6-13     Southwest corner hereof.

6-14     THENCE, with the West line of Lot 15 in South Main Street, North 8

6-15     deg. 46 min. West, 303.77 feet to the POINT OF BEGINNING,

6-16     containing 5.0 acres of land, of which the West 39.0 feet is hereby

6-17     set aside for Main Street right-of-way:

6-18     SAVE AND EXCEPT all oil, gas and other minerals.

6-19           SECTION 4.  (a)  The Texas National Guard Armory Board shall

6-20     donate and transfer to the City of Pharr the real property

6-21     described by Subsection (d) of this section if:

6-22                 (1)  the property is no longer used by the Texas

6-23     National Guard Armory Board as an armory;

6-24                 (2)  the property is fully paid for and free of liens;

6-25     and

 7-1                 (3)  all obligations incurred in connection with the

 7-2     acquisition and construction of the property have been fully paid.

 7-3           (b)  The Texas National Guard Armory Board shall transfer the

 7-4     property by an appropriate instrument of transfer.  The instrument

 7-5     must include a provision that:

 7-6                 (1)  requires the City of Pharr to use the property

 7-7     only for governmental purposes; and

 7-8                 (2)  indicates that ownership of the property will

 7-9     automatically revert to the Texas National Guard Armory Board if

7-10     the City of Pharr uses the property for any purpose other than a

7-11     governmental purpose.

7-12           (c)  The Texas National Guard Armory Board shall retain

7-13     custody of the instrument of transfer after its filing.

7-14           (d)  The real property referred to in Subsection (a) of this

7-15     section is described as follows:

7-16     Three (3) acres of land in the South part of Lot Number 182 of the

7-17     Kelly-Pharr Subdivision of Porciones 69-70, Hidalgo County, Texas,

7-18     according to the map of said subdivision, recorded in Volume "3",

7-19     pages 133-134, of the Deed Records of said county, described by

7-20     metes and bounds as follows, to wit:

7-21     Beginning in the South line of said Lot No. 182 at a point N 81 35'

7-22     W 630 feet from the Southeast corner of said lot, for the Southwest

7-23     corner hereof; thence S 81 35' E 300 feet to a point in said south

7-24     line for the Southeast corner hereof; thence N 8 25' E parallel

7-25     with the East line of said lot, 435.6 feet to a point for the

 8-1     Northeast corner hereof; thence N 81 35' W, parallel with the South

 8-2     line of said lot, 300 feet to a point for the Northwest corner

 8-3     hereof; Thence S 8 25' W, parallel with the East line of said lot,

 8-4     435.6 feet to the place and point of beginning,- containing three

 8-5     (3) acres, EXCEPTING from this conveyance however, and not conveyed

 8-6     hereby, all of the oil, gas and other minerals in, under and that

 8-7     may be produced from said described three acres.

 8-8           SECTION 5.  The importance of this legislation and the

 8-9     crowded condition of the calendars in both houses create an

8-10     emergency and an imperative public necessity that the

8-11     constitutional rule requiring bills to be read on three several

8-12     days in each house be suspended, and this rule is hereby suspended,

8-13     and that this Act take effect and be in force from and after its

8-14     passage, and it is so enacted.