By:  Wentworth                                        S.B. No. 1168
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the transfer of certain state property to the Upper
 1-2     Guadalupe River Authority.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  LEGISLATIVE FINDINGS.  The legislature finds that
 1-5     the transfer of state property described by Section 4 of this Act
 1-6     to the Upper Guadalupe River Authority serves a public purpose that
 1-7     benefits the public interest of the state by enhancing the efforts
 1-8     and ability of the Upper Guadalupe River Authority to:
 1-9                 (1)  protect and conserve the natural resources of the
1-10     state in Kerr County, including the Guadalupe River and its
1-11     tributaries;
1-12                 (2)  protect and preserve water quality within Kerr
1-13     County, including promoting the development of regional waste water
1-14     treatment systems and permitting a reduction in the practice of and
1-15     reliance on on-site sewage facilities harmful to the Guadalupe
1-16     River and its tributaries; and
1-17                 (3)  educate the public about the natural resources of
1-18     the state, including the Guadalupe River Basin.
1-19           SECTION 2.  AUTHORIZATION OF TRANSFER BY THE SCHOOL LAND
1-20     BOARD.  (a)  The School Land Board shall transfer the real property
1-21     located at 125 Lehmann Drive in Kerrville, Texas, more specifically
1-22     described by Section 4 of this Act, to the Upper Guadalupe River
1-23     Authority for consideration mutually agreed to by the parties.
1-24           (b)  Consideration for the transfer authorized by Subsection
 2-1     (a) of this section may be in the form of an agreement between the
 2-2     parties that requires the Upper Guadalupe River Authority to use
 2-3     the property for a purpose that benefits the public interest of the
 2-4     state.  If the consideration for the transfer is in the form of an
 2-5     agreement described by this subsection:
 2-6                 (1)  the Upper Guadalupe River Authority may use the
 2-7     property transferred under this Act only for a purpose that
 2-8     benefits the public interest of the state; and
 2-9                 (2)  ownership of the property automatically reverts to
2-10     the School Land Board if the Upper Guadalupe River Authority no
2-11     longer uses the property for a purpose that benefits the public
2-12     interest of the state.
2-13           (c)  The School Land Board shall transfer the property by an
2-14     appropriate instrument of transfer.  If the consideration for the
2-15     transfer is in the form of an agreement described by Subsection (b)
2-16     of this section, the instrument of transfer must include a
2-17     provision that:
2-18                 (1)  requires the Upper Guadalupe River Authority to
2-19     use the property for a purpose that benefits the public interest of
2-20     the state; and
2-21                 (2)  indicates that ownership of the property
2-22     automatically reverts to the School Land Board if the Upper
2-23     Guadalupe River Authority no longer uses the property for a purpose
2-24     that benefits the public interest of the state.
2-25           (d)  The state expressly reserves for the benefit of the
2-26     permanent school fund the property interest in the minerals in or
 3-1     on the property described by Section 4 of this Act.
 3-2           (e)  The School Land Board shall retain custody of the
 3-3     instrument of transfer after the instrument is filed in the real
 3-4     property records of Kerr County.
 3-5           SECTION 3.  AUTHORIZATION OF TRANSFER BY THE RAILROAD
 3-6     COMMISSION OF TEXAS.  (a)  Charge and control of the state building
 3-7     and grounds located at 125 Lehmann Drive in Kerrville, Texas, more
 3-8     specifically described by Section 4 of this Act, are transferred
 3-9     from the Railroad Commission of Texas to the Upper Guadalupe River
3-10     Authority.
3-11           (b)  The Railroad Commission of Texas shall transfer to the
3-12     Upper Guadalupe River Authority all records relating to the
3-13     building and grounds referred to in Subsection (a) of this section.
3-14           (c)  The Railroad Commission of Texas shall execute a
3-15     quitclaim deed transferring any interest the Railroad Commission of
3-16     Texas has in the real property described by Section 4 of this Act.
3-17           (d)  The School Land Board shall retain custody of the
3-18     quitclaim deed executed by the Railroad Commission of Texas under
3-19     this section after the instrument is filed in the real property
3-20     records of Kerr County.
3-21           SECTION 4.  PROPERTY DESCRIPTION.  The real property to which
3-22     Sections 2 and 3 of this Act refer is described as follows:
3-23                 (1)  Tract 1 is 0.5 acres of land in Kerr County, Texas
3-24     described in that certain warranty deed from H. L. Risinger (aka
3-25     Hubert Lee Risinger) and wife Rose Marie Risinger to the State of
3-26     Texas, dated January 16, 1976, and recorded in Volume 184 at Page
 4-1     708 of the Real Property records of Kerr County, Texas; and
 4-2                 (2)  Tract 2 is 1.0 acres of land in Kerr County, Texas
 4-3     described in that certain warranty deed from H. L. Risinger (aka
 4-4     Hubert Lee Risinger) and wife Rose Marie Risinger to the State of
 4-5     Texas, dated January 6, 1976, and recorded in Volume 184 at Page
 4-6     711 of the Real Property records of Kerr County, Texas.
 4-7           SECTION 5.  REPEALER.  Chapter 889, Acts of the 75th
 4-8     Legislature, Regular Session, 1997, is repealed.