By Junell                                             H.B. No. 2859
         77R8083 AJA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to authorizing the Texas Board of Criminal Justice to
 1-3     grant a conservation easement covering certain state property.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. (a)  Not later than January 31, 2002, the Texas
 1-6     Board of Criminal Justice shall grant to the Natural Area
 1-7     Preservation Association, Inc., a conservation easement covering
 1-8     the real property described by Subsection (e) of this section.   If
 1-9     the Natural Area Preservation Association, Inc., is unable or
1-10     refuses to accept the grant of the easement, the board may grant
1-11     the easement to another suitable person.
1-12           (b)  Consideration for the grant of an easement under
1-13     Subsection (a)  of this section may be in the form of an agreement
1-14     between the parties that requires the easement holder to use the
1-15     easement in a manner that primarily promotes a public purpose of
1-16     the state.  If the consideration for the transfer is in the form of
1-17     an agreement described by this subsection:
1-18                 (1)  the easement holder must use the easement in a
1-19     manner that primarily promotes a public interest of the state; and
1-20                 (2)  if the easement holder fails to use the easement
1-21     in that manner, the easement is automatically terminated, and the
1-22     Texas Board of Criminal Justice may grant the easement to another
1-23     person under this Act.
1-24           (c)  The Texas Board of Criminal Justice shall grant the
 2-1     easement by an appropriate instrument of transfer.  If the
 2-2     consideration for the easement is in the form of an agreement
 2-3     described by Subsection (b) of this section, the instrument of
 2-4     transfer must include a provision that:
 2-5                 (1)  requires the easement holder to use the easement
 2-6     in a manner that primarily promotes a public purpose of the state;
 2-7     and
 2-8                 (2)  indicates that the easement automatically
 2-9     terminates if the easement holder fails to use the easement in that
2-10     manner.
2-11           (d)  The Texas Natural Resource Conservation Commission, the
2-12     Parks and Wildlife Department, and the General Land Office shall
2-13     enforce an easement granted under this Act.
2-14           (e)  The real property to which Subsection (a) of this
2-15     section refers is described as follows:
2-16     77.723 ACRES OF LAND OUT OF SECTION 31, BLOCK 26, T&P RY. CO.
2-17     SURVEYS, MITCHELL COUNTY, TEXAS AND SECTION 42, BLOCK 26, T&P RY.
2-18     CO. SURVEYS, MITCHELL COUNTY, TEXAS.  DESCRIBED FURTHER BY METES
2-19     AND BOUNDS AS FOLLOWS:
2-20     BEGINNING:  AT A FOUND 1/2" IRON PIN IN THE SOUTH RIGHT OF WAY OF
2-21     INTERSTATE 20 FOR THE N.W. CORNER OF A TRACT OF LAND DESCRIBED AS
2-22     TRACT 2 IN A DEED TO THE STATE OF TEXAS RECORDED IN MITCHELL COUNTY
2-23     PUBLIC RECORDS VOLUME 530 PAGE 326
2-24     THENCE:  N 59 17'25"E-171.92' ALONG SAID SOUTH RIGHT OF WAY TO A
2-25     SET 1/2" IRON PIN WITH CAP MARKED MORRIS 2426
2-26     THENCE:  S 03 58'41"E-66.74' TO A SET 1/2" IRON PIN WITH CAP MARKED
2-27     MORRIS 2426
 3-1     THENCE:  S 18 25'29"E-217.73' TO A SET 1/2" IRON PIN WITH CAP
 3-2     MARKED MORRIS 2426
 3-3     THENCE:  S 01 56'53"W-56.92' TO A SET 1/2" IRON PIN WITH CAP MARKED
 3-4     MORRIS 2426
 3-5     THENCE:  S 59 51'22"W-118.22' TO A SET 1/2" IRON PIN WITH CAP
 3-6     MARKED MORRIS 2426
 3-7     THENCE:  S 40 09'52"W-43.43' TO A SET 1/2" IRON PIN WITH CAP MARKED
 3-8     MORRIS 2426
 3-9     THENCE:  S 21 44'43"E-204.92' TO A SET 1/2" IRON PIN WITH CAP
3-10     MARKED MORRIS 2426
3-11     THENCE:  S 19 59'48"E-432.21' TO A SET 1/2" IRON PIN WITH CAP
3-12     MARKED MORRIS 2426
3-13     THENCE:  S 20 57'42"E-176.72' TO A SET 1/2" IRON PIN WITH CAP
3-14     MARKED MORRIS 2426
3-15     THENCE:  S 14 15'57"E-212.62' TO A SET 1/2" IRON PIN WITH CAP
3-16     MARKED MORRIS 2426
3-17     THENCE:  S 23 07'38"E-62.25' TO A SET 1/2" IRON PIN WITH CAP MARKED
3-18     MORRIS 2426
3-19     THENCE:  S 30 35'45"E-260.93' TO A SET 1/2" IRON PIN WITH CAP
3-20     MARKED MORRIS 2426
3-21     THENCE:  S 33 24'03"E-154.27' TO A SET 1/2" IRON PIN WITH CAP
3-22     MARKED MORRIS 2426
3-23     THENCE:  S 66 40'53"E-150.44' TO A SET 1/2" IRON PIN WITH CAP
3-24     MARKED MORRIS 2426
3-25     THENCE:  S 01 58'29"W-40.31' TO A SET 1/2" IRON PIN WITH CAP MARKED
3-26     MORRIS 2426
3-27     THENCE:  S 42 58'08"E-533.59' TO A SET 1/2" IRON PIN WITH CAP
 4-1     MARKED MORRIS 2426
 4-2     THENCE:  S 57 41'47"E-149.42' TO A SET 1/2" IRON PIN WITH CAP
 4-3     MARKED MORRIS 2426
 4-4     THENCE:  N 67 21'50"E-25.34' TO A SET 1/2" IRON PIN WITH CAP MARKED
 4-5     MORRIS 2426
 4-6     THENCE:  S 04 33'01"E-34.12' TO A SET 1/2" IRON PIN WITH CAP MARKED
 4-7     MORRIS 2426
 4-8     THENCE:  S 82 24'00"E-511.40' TO A SET 1/2" IRON PIN WITH CAP
 4-9     MARKED MORRIS 2426
4-10     THENCE:  N 00 11'26"E-69.14' TO A SET 1/2" IRON PIN WITH CAP MARKED
4-11     MORRIS 2426
4-12     THENCE:  N 34 25'32"E-99.28' TO A SET 1/2" IRON PIN WITH CAP MARKED
4-13     MORRIS 2426
4-14     THENCE:  S 03 37'45"E-112.40' TO A SET 1/2" IRON PIN WITH CAP
4-15     MARKED MORRIS 2426
4-16     THENCE:  S 75 28'00"E-171.60' TO A SET 1/2" IRON PIN WITH CAP
4-17     MARKED MORRIS 2426
4-18     THENCE:  S 03 37'45"E-112.40' TO A SET 1/2" IRON PIN WITH CAP
4-19     MARKED MORRIS 2426
4-20     THENCE:  S 79 19'46"E-204.16' TO A SET 1/2" IRON PIN WITH CAP
4-21     MARKED MORRIS 2426
4-22     THENCE:  N 86 11'46"E-106.48' TO A SET 1/2" IRON PIN WITH CAP
4-23     MARKED MORRIS 2426
4-24     THENCE:  S 26 40'20"E-72.72' TO A SET 1/2" IRON PIN WITH CAP MARKED
4-25     MORRIS 2426
4-26     THENCE:  S 75 58'26"E-396.53' TO A SET 1/2" IRON PIN WITH CAP
4-27     MARKED MORRIS 2426
 5-1     THENCE:  N 68 07'59"E-47.08' TO A SET 1/2" IRON PIN WITH CAP MARKED
 5-2     MORRIS 2426
 5-3     THENCE:  S 75 58'19"E-468.60' TO A SET 1/2" IRON PIN WITH CAP
 5-4     MARKED MORRIS 2426
 5-5     THENCE:  N 53 29'28"E-143.48' TO A SET 1/2" IRON PIN WITH CAP
 5-6     MARKED MORRIS 2426
 5-7     THENCE:  S 66 22'44"E-60.59' TO A SET 1/2" IRON PIN WITH CAP MARKED
 5-8     MORRIS 2426
 5-9     THENCE:  N 19 15'41"W-177.97' TO A SET 1/2" IRON PIN WITH CAP
5-10     MARKED MORRIS 2426
5-11     THENCE:  N 28 01'43"W-120.31' TO A SET 1/2" IRON PIN WITH CAP
5-12     MARKED MORRIS 2426
5-13     THENCE:  N 49 56'04"E-62.45' TO A SET 1/2" IRON PIN WITH CAP MARKED
5-14     MORRIS 2426
5-15     THENCE:  N 81 32'28"E-51.35' TO A SET 1/2" IRON PIN WITH CAP MARKED
5-16     MORRIS 2426
5-17     THENCE:  S 37 05'57"E-129.23' TO A SET 1/2" IRON PIN WITH CAP
5-18     MARKED MORRIS 2426
5-19     THENCE:  S 17 23'47"E-221.97' TO A SET 1/2" IRON PIN WITH CAP
5-20     MARKED MORRIS 2426
5-21     THENCE:  N 76 08'23"E-335.31' TO A SET 1/2" IRON PIN WITH CAP
5-22     MARKED MORRIS 2426
5-23     THENCE:  N 55 22'59"E-424.88' TO A SET 1/2" IRON PIN WITH CAP
5-24     MARKED MORRIS 2426
5-25     THENCE:  N 13 15'01"W-27.37' TO A SET 1/2" IRON PIN WITH CAP MARKED
5-26     MORRIS 2426
5-27     THENCE:  N 87 20'18"E-51.47' TO A SET 1/2" IRON PIN WITH CAP MARKED
 6-1     MORRIS 2426
 6-2     THENCE:  N 52 23'21"E-504.69' TO A SET 1/2" IRON PIN WITH CAP
 6-3     MARKED MORRIS 2426
 6-4     THENCE:  N 83 10'05"E-929.66' TO A SET 1/2" IRON PIN WITH CAP
 6-5     MARKED MORRIS 2426 IN THE EAST LINE OF SAID SECTION 42
 6-6     THENCE:  S 11 12'11"E-213.82' ALONG SAID EAST LINE TO A POINT FOR
 6-7     THE S.E. CORNER OF THE TRACT OF LAND DESCRIBED AS TRACT 2 IN SAID
 6-8     VOLUME 530 PAGE 326
 6-9     THENCE:  S 88 50'17"W-496.00' ALONG THE SOUTH LINE OF THE TRACT OF
6-10     LAND DESCRIBED AS TRACT 2 IN SAID VOLUME 530 PAGE 326
6-11     THENCE:  S 62 12'17"W-2002.70' ALONG SAID SOUTH LINE
6-12     THENCE:  S 77 01'31"W-122.85' ALONG SAID SOUTH LINE
6-13     THENCE:  S 64 18'17"W-86.00' ALONG SAID SOUTH LINE
6-14     THENCE:  S 65 34'17"W-237.84' ALONG SAID SOUTH LINE
6-15     THENCE:  S 88 37'17"W-132.94' ALONG SAID SOUTH LINE
6-16     THENCE:  S 64 25'04"W-209.92' TO A SET 1/2" IRON PIN WITH CAP
6-17     MARKED MORRIS 2426 IN THE NORTH RIGHT OF WAY OF BUSINESS LOOP 20
6-18     FOR THE MOST SOUTHERLY CORNER OF THE TRACT OF LAND DESCRIBED AS
6-19     TRACT 2 IN SAID VOLUME 530 PAGE 326
6-20     THENCE:  N 83 38'02"W-1871.53' ALONG SAID NORTH RIGHT OF WAY TO A
6-21     SET 1/2" IRON PIN WITH CAP MARKED MORRIS 2426
6-22     THENCE:  N 72 19'12"W-101.98' ALONG SAID NORTH RIGHT OF WAY TO A
6-23     FOUND CONCRETE RIGHT OF WAY MONUMENT
6-24     THENCE:  N 83 40'21"W-246.87' ALONG SAID NORTH RIGHT OF WAY TO A
6-25     FOUND 1/2" IRON PIN IN THE WEST LINE OF SAID SECTION 42 FOR THE
6-26     S.W. CORNER OF THE TRACT OF LAND DESCRIBED AS TRACT 2 IN SAID
6-27     VOLUME 530 PAGE 326
 7-1     THENCE:  N 08 19'29"W-2700.33' ALONG SAID WEST LINE TO A FOUND 2"
 7-2     IRON PIPE FOR THE N.W. CORNER OF SAID SECTION 42
 7-3     THENCE:  N 12 46'57"W-310.53' TO THE POINT OF BEGINNING AND
 7-4     CONTAINING 77.723 ACRES OF LAND MORE OR LESS.
 7-5           SECTION 2.  This Act takes effect immediately if it receives
 7-6     a vote of two-thirds of all the members elected to each house, as
 7-7     provided by Section 39, Article III, Texas Constitution.  If this
 7-8     Act does not receive the vote necessary for immediate effect, this
 7-9     Act takes effect September 1, 2001.