HBA-ALS H.B. 1363 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1363
By: Hawley
Land & Resource Management
3/10/1999
Introduced



BACKGROUND AND PURPOSE 

The purpose of this bill is to facilitate the creation by the Karnes County
Juvenile Probation Department of a program which provides education,
counseling, and recreation to at-risk youths in supervised and  structured
environment similar to a boot camp. Currently, the Texas Department of
Criminal Justice  (TDCJ) owns an available building in Karnes County that
is suitable for such a program.   

H.B. 1363 requires TDCJ to transfer specified property to Karnes County in
exchange for mutually agreeable consideration by October 31, 1999.  This
bill establishes that the consideration may be in the form of an agreement
requiring Karnes County to use the property to benefit the public interest
of the state.  If consideration is in the form of an such an agreement.
H.B. 1363 stipulates that the property will revert back to TDCJ if Karnes
County does not use the property for the specified use. This bill also
specifies language that is required to be contained in the instrument of
transfer, and describes the boundaries of the property to be transferred. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  (a) Requires the Texas Department of Criminal Justice (TDCJ) to
transfer the real property described under Subsection (d) of this section
to Karnes County in exchange for mutually agreed upon consideration, no
later than October 31, 1999. 

(b) Authorizes the consideration for the transfer to be in the form of an
agreement between the parties that requires Karnes County to use the
property for a purpose that is beneficial to the state's public interest.
Provides that  Karnes County is only authorized to use the transferred
property for a purpose that is beneficial to the state's public interest if
the consideration is in the form of such an agreement.  Provides that the
property ownership automatically reverts to the TDCJ if Karnes County no
longer uses it for the specified purpose. 

(c) Requires the TDCJ to transfer the property by an appropriate instrument
of transfer which requires Karnes County to use the property for a purpose
that is beneficial to the state's public interest and indicates that the
property reverts back to the TDCJ if Karnes County no longer uses the
property for that specified use. 

(d) Provides a description of the real property to be transferred under
this section. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.