HBA-NIK S.B. 463 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 463 By: Ogden Land & Resource Management 4/15/1999 Engrossed BACKGROUND AND PURPOSE Currently, Walker County is in need of office space for certain governmental departments and judicial services. The Texas Department of Criminal Justice has offered to donate a building across from the Walker County Courthouse in order to alleviate Walker County's office space problems. S.B. 463 transfers certain state property from the Texas Department of Criminal Justice to Walker County. 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 (department) to transfer to Walker County (county) the real property described by Subsection (e) of this section not later than January 31, 2000. (b) Authorizes the county to use the property transferred under this Act only for a purpose that benefits the public interest of the state. Requires the county to sell the property for fair market value under the procedures provided by Section 272.001 (Notice of Sale or Exchange of Land by Political Subdivision; Exceptions), Local Government Code, and forward the proceeds received from the sale to the department. Requires the department to deposit proceeds received from the sale of the property as provided by this subsection in the Texas capital trust fund. (c) Requires the department to transfer the property by an appropriate instrument of transfer. Provides that the instrument of transfer must include a provision that requires the county to use the property only for a purpose that benefits the public interest of the state, and requires the county to sell the property and forward the proceeds of the sale to the department as provided by Subsection (b) of this section if the county no longer uses the property for a purpose that benefits the public interest of the state. (d) Requires the department retain to custody of the instrument of transfer after the instrument of transfer is filed in the real property records of the county. (e) Sets forth the legal description of the property to be transferred. SECTION 2. Emergency clause. Effective date: upon passage.