1-1     By:  Wentworth                                        S.B. No. 1168
 1-2           (In the Senate - Filed March 10, 1999; March 11, 1999, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     April 15, 1999, reported favorably by the following vote:  Yeas 5,
 1-5     Nays 0; April 15, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the transfer of certain state property to the Upper
 1-9     Guadalupe River Authority.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  LEGISLATIVE FINDINGS.  The legislature finds that
1-12     the transfer of state property described by Section 4 of this Act
1-13     to the Upper Guadalupe River Authority serves a public purpose that
1-14     benefits the public interest of the state by enhancing the efforts
1-15     and ability of the Upper Guadalupe River Authority to:
1-16                 (1)  protect and conserve the natural resources of the
1-17     state in Kerr County, including the Guadalupe River and its
1-18     tributaries;
1-19                 (2)  protect and preserve water quality within Kerr
1-20     County, including promoting the development of regional waste water
1-21     treatment systems and permitting a reduction in the practice of and
1-22     reliance on on-site sewage facilities harmful to the Guadalupe
1-23     River and its tributaries; and
1-24                 (3)  educate the public about the natural resources of
1-25     the state, including the Guadalupe River Basin.
1-26           SECTION 2.  AUTHORIZATION OF TRANSFER BY THE SCHOOL LAND
1-27     BOARD.  (a)  The School Land Board shall transfer the real property
1-28     located at 125 Lehmann Drive in Kerrville, Texas, more specifically
1-29     described by Section 4 of this Act, to the Upper Guadalupe River
1-30     Authority for consideration mutually agreed to by the parties.
1-31           (b)  Consideration for the transfer authorized by Subsection
1-32     (a) of this section may be in the form of an agreement between the
1-33     parties that requires the Upper Guadalupe River Authority to use
1-34     the property for a purpose that benefits the public interest of the
1-35     state.  If the consideration for the transfer is in the form of an
1-36     agreement described by this subsection:
1-37                 (1)  the Upper Guadalupe River Authority may use the
1-38     property transferred under this Act only for a purpose that
1-39     benefits the public interest of the state; and
1-40                 (2)  ownership of the property automatically reverts to
1-41     the School Land Board if the Upper Guadalupe River Authority no
1-42     longer uses the property for a purpose that benefits the public
1-43     interest of the state.
1-44           (c)  The School Land Board shall transfer the property by an
1-45     appropriate instrument of transfer.  If the consideration for the
1-46     transfer is in the form of an agreement described by Subsection (b)
1-47     of this section, the instrument of transfer must include a
1-48     provision that:
1-49                 (1)  requires the Upper Guadalupe River Authority to
1-50     use the property for a purpose that benefits the public interest of
1-51     the state; and
1-52                 (2)  indicates that ownership of the property
1-53     automatically reverts to the School Land Board if the Upper
1-54     Guadalupe River Authority no longer uses the property for a purpose
1-55     that benefits the public interest of the state.
1-56           (d)  The state expressly reserves for the benefit of the
1-57     permanent school fund the property interest in the minerals in or
1-58     on the property described by Section 4 of this Act.
1-59           (e)  The School Land Board shall retain custody of the
1-60     instrument of transfer after the instrument is filed in the real
1-61     property records of Kerr County.
1-62           SECTION 3.  AUTHORIZATION OF TRANSFER BY THE RAILROAD
1-63     COMMISSION OF TEXAS.  (a)  Charge and control of the state building
1-64     and grounds located at 125 Lehmann Drive in Kerrville, Texas, more
 2-1     specifically described by Section 4 of this Act, are transferred
 2-2     from the Railroad Commission of Texas to the Upper Guadalupe River
 2-3     Authority.
 2-4           (b)  The Railroad Commission of Texas shall transfer to the
 2-5     Upper Guadalupe River Authority all records relating to the
 2-6     building and grounds referred to in Subsection (a) of this section.
 2-7           (c)  The Railroad Commission of Texas shall execute a
 2-8     quitclaim deed transferring any interest the Railroad Commission of
 2-9     Texas has in the real property described by Section 4 of this Act.
2-10           (d)  The School Land Board shall retain custody of the
2-11     quitclaim deed executed by the Railroad Commission of Texas under
2-12     this section after the instrument is filed in the real property
2-13     records of Kerr County.
2-14           SECTION 4.  PROPERTY DESCRIPTION.  The real property to which
2-15     Sections 2 and 3 of this Act refer is described as follows:
2-16                 (1)  Tract 1 is 0.5 acres of land in Kerr County, Texas
2-17     described in that certain warranty deed from H. L. Risinger (aka
2-18     Hubert Lee Risinger) and wife Rose Marie Risinger to the State of
2-19     Texas, dated January 16, 1976, and recorded in Volume 184 at Page
2-20     708 of the Real Property records of Kerr County, Texas; and
2-21                 (2)  Tract 2 is 1.0 acres of land in Kerr County, Texas
2-22     described in that certain warranty deed from H. L. Risinger (aka
2-23     Hubert Lee Risinger) and wife Rose Marie Risinger to the State of
2-24     Texas, dated January 6, 1976, and recorded in Volume 184 at Page
2-25     711 of the Real Property records of Kerr County, Texas.
2-26           SECTION 5.  REPEALER.  Chapter 889, Acts of the 75th
2-27     Legislature, Regular Session, 1997, is repealed.
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