SRC-TAG H.B. 2128 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2128
78R8954 QS-DBy: Chisum (Duncan)
Criminal Justice
5/18/2003
Engrossed


DIGEST AND PURPOSE 

As part of Childress County's economic development plan, the county
purchased a building from the Texas Department of Transportation for the
purpose of renovating it for the Texas Department of Public Safety (DPS).
DPS then moved out of their old building and wanted to transfer their old
building to the county.  DPS has found that Childress County would be
better served to use the aforementioned property and associated structures
in such a way that it would benefit the public.  However, legislation is
needed to allow DPS to transfer this property to Childress County.  H.B.
2128 gives DPS the authority to transfer certain real property located on
U.S. Highway 287 East, Childress County, Texas, from DPS to Childress
County. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  (a)  Authorizes the Texas Department of Public Safety (DPS),
by January 31, 2004, to donate and transfer to Childress County the real
property described by Subsection (e) of this section. 

(b)  Authorizes Childress County to use the property transferred under
this Act only for a purpose that benefits the public interest of the
state.  Provides that if Childress County uses the property for any
purpose other than a purpose that benefits the public interest of the
state, ownership of the property automatically reverts to DPS. 
 
(c)  Authorizes DPS to transfer the property by an appropriate instrument
of transfer. Requires the instrument of transfer to provide that Childress
County may use the property only for a purpose that benefits the public
interest of the state and  ownership of the property will automatically
revert to DPS if Childress County uses the property for any purpose other
than a purpose that benefits the public interest of the state; and to
describe the property to be transferred by metes and bounds. 
 
(d)  Requires DPS to retain custody of the instrument of transfer after
the instrument of transfer is filed in the real property records of
Childress County. 
 
 (e)  Sets forth the location of the real property.
 
(f)  Authorizes DPS, notwithstanding the transfer of property under this
Act, to access, use, and maintain the radio tower and associated
transmitter, generator, and equipment building located on the real
property described by Subsection (e) of this section. 
 
(g)  Requires Childress County to pay any transaction fees resulting from
the transfer of property under this Act.  
       
SECTION 2.  Effective date: September 1, 2003.