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.