By Wentworth S.B. No. 1168
76R7449 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of certain state property to the Upper
1-3 Guadalupe River Authority.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. LEGISLATIVE FINDINGS. The legislature finds that
1-6 the transfer of state property described by Section 4 of this Act
1-7 to the Upper Guadalupe River Authority serves a public purpose that
1-8 benefits the public interest of the state by enhancing the efforts
1-9 and ability of the Upper Guadalupe River Authority to:
1-10 (1) protect and conserve the natural resources of the
1-11 state in Kerr County, including the Guadalupe River and its
1-12 tributaries;
1-13 (2) protect and preserve water quality within Kerr
1-14 County, including promoting the development of regional waste water
1-15 treatment systems and permitting a reduction in the practice of and
1-16 reliance on on-site sewage facilities harmful to the Guadalupe
1-17 River and its tributaries; and
1-18 (3) educate the public about the natural resources of
1-19 the state, including the Guadalupe River Basin.
1-20 SECTION 2. AUTHORIZATION OF TRANSFER BY THE SCHOOL LAND
1-21 BOARD. (a) The School Land Board shall transfer the real property
1-22 located at 125 Lehmann Drive in Kerrville, Texas, more specifically
1-23 described by Section 4 of this Act, to the Upper Guadalupe River
1-24 Authority for consideration mutually agreed to by the parties.
2-1 (b) Consideration for the transfer authorized by Subsection
2-2 (a) of this section may be in the form of an agreement between the
2-3 parties that requires the Upper Guadalupe River Authority to use
2-4 the property for a purpose that benefits the public interest of the
2-5 state. If the consideration for the transfer is in the form of an
2-6 agreement described by this subsection:
2-7 (1) the Upper Guadalupe River Authority may use the
2-8 property transferred under this Act only for a purpose that
2-9 benefits the public interest of the state; and
2-10 (2) ownership of the property automatically reverts to
2-11 the School Land Board if the Upper Guadalupe River Authority no
2-12 longer uses the property for a purpose that benefits the public
2-13 interest of the state.
2-14 (c) The School Land Board shall transfer the property by an
2-15 appropriate instrument of transfer. If the consideration for the
2-16 transfer is in the form of an agreement described by Subsection (b)
2-17 of this section, the instrument of transfer must include a
2-18 provision that:
2-19 (1) requires the Upper Guadalupe River Authority to
2-20 use the property for a purpose that benefits the public interest of
2-21 the state; and
2-22 (2) indicates that ownership of the property
2-23 automatically reverts to the School Land Board if the Upper
2-24 Guadalupe River Authority no longer uses the property for a purpose
2-25 that benefits the public interest of the state.
2-26 (d) The state expressly reserves for the benefit of the
2-27 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
3-14 section.
3-15 (c) The Railroad Commission of Texas shall execute a
3-16 quitclaim deed transferring any interest the Railroad Commission of
3-17 Texas has in the real property described by Section 4 of this Act.
3-18 (d) The School Land Board shall retain custody of the
3-19 quitclaim deed executed by the Railroad Commission of Texas under
3-20 this section after the instrument is filed in the real property
3-21 records of Kerr County.
3-22 SECTION 4. PROPERTY DESCRIPTION. The real property to which
3-23 Sections 2 and 3 of this Act refer is described as follows:
3-24 (1) Tract 1 is 0.5 acres of land in Kerr County, Texas
3-25 described in that certain warranty deed from H.L. Risinger (aka
3-26 Hubert Lee Risinger) and wife Rose Marie Risinger to the State of
3-27 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.