1-1 By: Junell (Senate Sponsor - Fraser) H.B. No. 2859 1-2 (In the Senate - Received from the House May 7, 2001; 1-3 May 7, 2001, read first time and referred to Committee on Natural 1-4 Resources; May 11, 2001, reported favorably by the following vote: 1-5 Yeas 6, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to authorizing the Texas Board of Criminal Justice to 1-9 grant a conservation easement covering certain state property. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. (a) Not later than January 31, 2002, the Texas 1-12 Board of Criminal Justice shall grant to the Natural Area 1-13 Preservation Association, Inc., a conservation easement covering 1-14 the real property described by Subsection (e) of this section. If 1-15 the Natural Area Preservation Association, Inc., is unable or 1-16 refuses to accept the grant of the easement, the board may grant 1-17 the easement to another suitable person. 1-18 (b) Consideration for the grant of an easement under 1-19 Subsection (a) of this section may be in the form of an agreement 1-20 between the parties that requires the easement holder to use the 1-21 easement in a manner that primarily promotes a public purpose of 1-22 the state. If the consideration for the transfer is in the form of 1-23 an agreement described by this subsection: 1-24 (1) the easement holder must use the easement in a 1-25 manner that primarily promotes a public interest of the state; and 1-26 (2) if the easement holder fails to use the easement 1-27 in that manner, the easement is automatically terminated, and the 1-28 Texas Board of Criminal Justice may grant the easement to another 1-29 person under this Act. 1-30 (c) The Texas Board of Criminal Justice shall grant the 1-31 easement by an appropriate instrument of transfer. If the 1-32 consideration for the easement is in the form of an agreement 1-33 described by Subsection (b) of this section, the instrument of 1-34 transfer must include a provision that: 1-35 (1) requires the easement holder to use the easement 1-36 in a manner that primarily promotes a public purpose of the state; 1-37 and 1-38 (2) indicates that the easement automatically 1-39 terminates if the easement holder fails to use the easement in that 1-40 manner. 1-41 (d) The Texas Natural Resource Conservation Commission, the 1-42 Parks and Wildlife Department, and the General Land Office shall 1-43 enforce an easement granted under this Act. 1-44 (e) The real property to which Subsection (a) of this 1-45 section refers is described as follows: 1-46 77.723 ACRES OF LAND OUT OF SECTION 31, BLOCK 26, T&P RY. CO. 1-47 SURVEYS, MITCHELL COUNTY, TEXAS AND SECTION 42, BLOCK 26, T&P RY. 1-48 CO. SURVEYS, MITCHELL COUNTY, TEXAS. DESCRIBED FURTHER BY METES 1-49 AND BOUNDS AS FOLLOWS: 1-50 BEGINNING: AT A FOUND 1/2" IRON PIN IN THE SOUTH RIGHT OF WAY OF 1-51 INTERSTATE 20 FOR THE N.W. CORNER OF A TRACT OF LAND DESCRIBED AS 1-52 TRACT 2 IN A DEED TO THE STATE OF TEXAS RECORDED IN MITCHELL COUNTY 1-53 PUBLIC RECORDS VOLUME 530 PAGE 326 1-54 THENCE: N 59 17'25"E-171.92' ALONG SAID SOUTH RIGHT OF WAY TO A 1-55 SET 1/2" IRON PIN WITH CAP MARKED MORRIS 2426 1-56 THENCE: S 03 58'41"E-66.74' TO A SET 1/2" IRON PIN WITH CAP MARKED 1-57 MORRIS 2426 1-58 THENCE: S 18 25'29"E-217.73' TO A SET 1/2" IRON PIN WITH CAP 1-59 MARKED MORRIS 2426 1-60 THENCE: S 01 56'53"W-56.92' TO A SET 1/2" IRON PIN WITH CAP MARKED 1-61 MORRIS 2426 1-62 THENCE: S 59 51'22"W-118.22' TO A SET 1/2" IRON PIN WITH CAP 1-63 MARKED MORRIS 2426 1-64 THENCE: S 40 09'52"W-43.43' TO A SET 1/2" IRON PIN WITH CAP MARKED 2-1 MORRIS 2426 2-2 THENCE: S 21 44'43"E-204.92' TO A SET 1/2" IRON PIN WITH CAP 2-3 MARKED MORRIS 2426 2-4 THENCE: S 19 59'48"E-432.21' TO A SET 1/2" IRON PIN WITH CAP 2-5 MARKED MORRIS 2426 2-6 THENCE: S 20 57'42"E-176.72' TO A SET 1/2" IRON PIN WITH CAP 2-7 MARKED MORRIS 2426 2-8 THENCE: S 14 15'57"E-212.62' TO A SET 1/2" IRON PIN WITH CAP 2-9 MARKED MORRIS 2426 2-10 THENCE: S 23 07'38"E-62.25' TO A SET 1/2" IRON PIN WITH CAP MARKED 2-11 MORRIS 2426 2-12 THENCE: S 30 35'45"E-260.93' TO A SET 1/2" IRON PIN WITH CAP 2-13 MARKED MORRIS 2426 2-14 THENCE: S 33 24'03"E-154.27' TO A SET 1/2" IRON PIN WITH CAP 2-15 MARKED MORRIS 2426 2-16 THENCE: S 66 40'53"E-150.44' TO A SET 1/2" IRON PIN WITH CAP 2-17 MARKED MORRIS 2426 2-18 THENCE: S 01 58'29"W-40.31' TO A SET 1/2" IRON PIN WITH CAP MARKED 2-19 MORRIS 2426 2-20 THENCE: S 42 58'08"E-533.59' TO A SET 1/2" IRON PIN WITH CAP 2-21 MARKED MORRIS 2426 2-22 THENCE: S 57 41'47"E-149.42' TO A SET 1/2" IRON PIN WITH CAP 2-23 MARKED MORRIS 2426 2-24 THENCE: N 67 21'50"E-25.34' TO A SET 1/2" IRON PIN WITH CAP MARKED 2-25 MORRIS 2426 2-26 THENCE: S 04 33'01"E-34.12' TO A SET 1/2" IRON PIN WITH CAP MARKED 2-27 MORRIS 2426 2-28 THENCE: S 82 24'00"E-511.40' TO A SET 1/2" IRON PIN WITH CAP 2-29 MARKED MORRIS 2426 2-30 THENCE: N 00 11'26"E-69.14' TO A SET 1/2" IRON PIN WITH CAP MARKED 2-31 MORRIS 2426 2-32 THENCE: N 34 25'32"E-99.28' TO A SET 1/2" IRON PIN WITH CAP MARKED 2-33 MORRIS 2426 2-34 THENCE: S 03 37'45"E-112.40' TO A SET 1/2" IRON PIN WITH CAP 2-35 MARKED MORRIS 2426 2-36 THENCE: S 75 28'00"E-171.60' TO A SET 1/2" IRON PIN WITH CAP 2-37 MARKED MORRIS 2426 2-38 THENCE: S 03 37'45"E-112.40' TO A SET 1/2" IRON PIN WITH CAP 2-39 MARKED MORRIS 2426 2-40 THENCE: S 79 19'46"E-204.16' TO A SET 1/2" IRON PIN WITH CAP 2-41 MARKED MORRIS 2426 2-42 THENCE: N 86 11'46"E-106.48' TO A SET 1/2" IRON PIN WITH CAP 2-43 MARKED MORRIS 2426 2-44 THENCE: S 26 40'20"E-72.72' TO A SET 1/2" IRON PIN WITH CAP MARKED 2-45 MORRIS 2426 2-46 THENCE: S 75 58'26"E-396.53' TO A SET 1/2" IRON PIN WITH CAP 2-47 MARKED MORRIS 2426 2-48 THENCE: N 68 07'59"E-47.08' TO A SET 1/2" IRON PIN WITH CAP MARKED 2-49 MORRIS 2426 2-50 THENCE: S 75 58'19"E-468.60' TO A SET 1/2" IRON PIN WITH CAP 2-51 MARKED MORRIS 2426 2-52 THENCE: N 53 29'28"E-143.48' TO A SET 1/2" IRON PIN WITH CAP 2-53 MARKED MORRIS 2426 2-54 THENCE: S 66 22'44"E-60.59' TO A SET 1/2" IRON PIN WITH CAP MARKED 2-55 MORRIS 2426 2-56 THENCE: N 19 15'41"W-177.97' TO A SET 1/2" IRON PIN WITH CAP 2-57 MARKED MORRIS 2426 2-58 THENCE: N 28 01'43"W-120.31' TO A SET 1/2" IRON PIN WITH CAP 2-59 MARKED MORRIS 2426 2-60 THENCE: N 49 56'04"E-62.45' TO A SET 1/2" IRON PIN WITH CAP MARKED 2-61 MORRIS 2426 2-62 THENCE: N 81 32'28"E-51.35' TO A SET 1/2" IRON PIN WITH CAP MARKED 2-63 MORRIS 2426 2-64 THENCE: S 37 05'57"E-129.23' TO A SET 1/2" IRON PIN WITH CAP 2-65 MARKED MORRIS 2426 2-66 THENCE: S 17 23'47"E-221.97' TO A SET 1/2" IRON PIN WITH CAP 2-67 MARKED MORRIS 2426 2-68 THENCE: N 76 08'23"E-335.31' TO A SET 1/2" IRON PIN WITH CAP 2-69 MARKED MORRIS 2426 3-1 THENCE: N 55 22'59"E-424.88' TO A SET 1/2" IRON PIN WITH CAP 3-2 MARKED MORRIS 2426 3-3 THENCE: N 13 15'01"W-27.37' TO A SET 1/2" IRON PIN WITH CAP MARKED 3-4 MORRIS 2426 3-5 THENCE: N 87 20'18"E-51.47' TO A SET 1/2" IRON PIN WITH CAP MARKED 3-6 MORRIS 2426 3-7 THENCE: N 52 23'21"E-504.69' TO A SET 1/2" IRON PIN WITH CAP 3-8 MARKED MORRIS 2426 3-9 THENCE: N 83 10'05"E-929.66' TO A SET 1/2" IRON PIN WITH CAP 3-10 MARKED MORRIS 2426 IN THE EAST LINE OF SAID SECTION 42 3-11 THENCE: S 11 12'11"E-213.82' ALONG SAID EAST LINE TO A POINT FOR 3-12 THE S.E. CORNER OF THE TRACT OF LAND DESCRIBED AS TRACT 2 IN SAID 3-13 VOLUME 530 PAGE 326 3-14 THENCE: S 88 50'17"W-496.00' ALONG THE SOUTH LINE OF THE TRACT OF 3-15 LAND DESCRIBED AS TRACT 2 IN SAID VOLUME 530 PAGE 326 3-16 THENCE: S 62 12'17"W-2002.70' ALONG SAID SOUTH LINE 3-17 THENCE: S 77 01'31"W-122.85' ALONG SAID SOUTH LINE 3-18 THENCE: S 64 18'17"W-86.00' ALONG SAID SOUTH LINE 3-19 THENCE: S 65 34'17"W-237.84' ALONG SAID SOUTH LINE 3-20 THENCE: S 88 37'17"W-132.94' ALONG SAID SOUTH LINE 3-21 THENCE: S 64 25'04"W-209.92' TO A SET 1/2" IRON PIN WITH CAP 3-22 MARKED MORRIS 2426 IN THE NORTH RIGHT OF WAY OF BUSINESS LOOP 20 3-23 FOR THE MOST SOUTHERLY CORNER OF THE TRACT OF LAND DESCRIBED AS 3-24 TRACT 2 IN SAID VOLUME 530 PAGE 326 3-25 THENCE: N 83 38'02"W-1871.53' ALONG SAID NORTH RIGHT OF WAY TO A 3-26 SET 1/2" IRON PIN WITH CAP MARKED MORRIS 2426 3-27 THENCE: N 72 19'12"W-101.98' ALONG SAID NORTH RIGHT OF WAY TO A 3-28 FOUND CONCRETE RIGHT OF WAY MONUMENT 3-29 THENCE: N 83 40'21"W-246.87' ALONG SAID NORTH RIGHT OF WAY TO A 3-30 FOUND 1/2" IRON PIN IN THE WEST LINE OF SAID SECTION 42 FOR THE 3-31 S.W. CORNER OF THE TRACT OF LAND DESCRIBED AS TRACT 2 IN SAID 3-32 VOLUME 530 PAGE 326 3-33 THENCE: N 08 19'29"W-2700.33' ALONG SAID WEST LINE TO A FOUND 2" 3-34 IRON PIPE FOR THE N.W. CORNER OF SAID SECTION 42 3-35 THENCE: N 12 46'57"W-310.53' TO THE POINT OF BEGINNING AND 3-36 CONTAINING 77.723 ACRES OF LAND MORE OR LESS. 3-37 SECTION 2. This Act takes effect immediately if it receives 3-38 a vote of two-thirds of all the members elected to each house, as 3-39 provided by Section 39, Article III, Texas Constitution. If this 3-40 Act does not receive the vote necessary for immediate effect, this 3-41 Act takes effect September 1, 2001. 3-42 * * * * *