HBA-NIK S.B. 1168 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1168
By: Wentworth
Land & Resource Management
4/30/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, the School Land Board and the Railroad Commission of Texas own
certain real property in Kerr County.  S.B.1168 transfers certain state
property to the Upper Guadalupe River Authority. 

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. LEGISLATIVE FINDINGS. Provides that the legislature finds that
the transfer of state property described by Section 4 of this Act to the
Upper Guadalupe River Authority (authority) serves a public purpose that
benefits the public interest of the state by enhancing the efforts and
ability of the authority to: 

_protect and conserve the natural resources of the state in Kerr County,
including the Guadalupe River and its tributaries; 

_protect and preserve water quality within Kerr County, including promoting
the development of regional waste water treatment systems and permitting a
reduction in the practice of and reliance on on-site sewage facilities
harmful to the Guadalupe River and its tributaries; and 

_educate the public about the natural resources of the state, including the
Guadalupe River Basin. 

SECTION 2. AUTHORIZATION OF TRANSFER BY THE SCHOOL LAND BOARD. (a) Requires
the School Land Board (board) to transfer the real property located at 125
Lehmann Drive in Kerrville, Texas, more specifically described by Section 4
of this Act, to the authority for consideration mutually agreed to by the
parties. 

(b) Authorizes consideration for the transfer authorized by Subsection (a)
to be in the form of an agreement between the parties that requires the
authority to use the property for a purpose that benefits the public
interest of the state. Authorizes the authority to use the property
transferred under this Act only for a purpose that benefits the public
interest of the state if the consideration for the transfer is in the form
of an agreement described by this section.  Provides that ownership of the
property automatically reverts to the board if the authority no longer uses
the property for a purpose that benefits the public interest of the state
if the consideration for the transfer is in the form of an agreement
described by this subsection. 

(c) Requires the board to transfer the property by an appropriate
instrument of transfer. Provides that if the consideration for the transfer
is in the form of an agreement described by Subsection (b), the instrument
of transfer must include a provision that requires the authority to use the
property for a purpose that benefits the public interest of the state and
indicates that ownership of the property automatically reverts to the board
if the authority no longer uses the property for a purpose that benefits
the public interest of the state if the  consideration for the transfer is
in the form of an agreement described by this subsection. 

(d) Provides that the state expressly reserves for the benefit of the
permanent school fund the property interest in the minerals in or on the
property described by Section 4. 

(e) Requires the board to retain custody of the instrument of transfer
after the instrument is filed in the real property records of Kerr County. 

SECTION 3. AUTHORIZATION OF TRANSFER BY THE RAILROAD COMMISSION OF TEXAS.
(a) Provides that charge and control of the state building and grounds
located at 125 Lehmann Drive in Kerrville, Texas, more specifically
described by Section 4, are transferred from the Railroad Commission of
Texas (commission) to the authority. 

(b) Requires the commission to transfer to the authority all records
relating to the building and grounds referred to in Subsection (a). 

(c) Requires the commission to execute a quitclaim deed transferring any
interest the commission has in the real property described by Section 4. 

(d) Requires the board to retain custody of the quitclaim deed executed by
the commission after the instrument is filed in the real property records
of Kerr County. 

SECTION 4. PROPERTY DESCRIPTION.  Sets forth the description of the real
property to which Sections 2 and 3 refer. 

SECTION 5. Repealer: Chapter 889, Acts of the 75th Legislature, Regular
Session, 1997.