C.S.H.B. 1904 78(R) BILL ANALYSIS C.S.H.B. 1904 By: Farrar State Affairs Committee Report (Substituted) BACKGROUND AND PURPOSE Prior to 1999, the Department of Public Safety of Texas (DPS) owned a tract of land in Houston, Texas that includes a communication tower. DPS permitted the City of Houston (the City) to install radio antennae and communication equipment on the tower. In 1999, DPS conveyed the property on which the tower is located to the Texas Department of Criminal Justice (TDCJ), which has no need for the communications tower but needs the rest of the property for its use. No state equipment is currently located on the tower, and the City has no place to put the equipment without purchasing new land and constructing a new tower. TDCJ is willing to convey the tower site to the City so that the City can keep its communications equipment for that quadrant in place, and DPS is willing to grant the City access and utility easements across DPS property adjacent to the tower. The purpose of C.S.H.B. 1904 is to authorize DPS and TDCJ to grant the necessary easements and fee title to the tower site to the City. RULEMAKING AUTHORITY It is the opinion of the committee that this bill does not expressly grant any additional rulemaking authority to a state officer, department, institution, or agency. ANALYSIS C.S.H.B. 1904 requires the Texas Department of Criminal Justice (TDCJ) and the Department of Public Safety (DPS) to transfer to the City of Houston (the City), for consideration to which the parties mutually agree, their respective interests in the real property located at 10110 Northwest Freeway (U.S. Highway 290) in Houston, Texas, including any improvements affixed to the property. The transfer is required to take place before November 1, 2003. The consideration is authorized to be in the form of an agreement between the parties that requires the City to use the property for a purpose that benefits the public interest of the state. The bill provides that if the consideration for the transfer takes such a form, the City is authorized to use the property for a purpose that benefits the public interest of the state, and that the ownership of the property automatically reverts to TDCJ and DPS if the City no longer uses it for such purposes. EFFECTIVE DATE Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2003. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1904 adds language to include the legal descriptions of the tract of land and easements to be transferred to the City of Houston.