SRC-TJG C.S.S.B. 982 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 982
78R10876 PAM-DBy: Whitmire
Criminal Justice
4/2/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

The Texas Department of Public Safety (DPS) owned a tract of land
generally located at 10110 Northwest Freeway in Houston, Texas.  DPS
permitted the city to install city radio antenna 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.  TDCJ is willing to convey the tower site to the city so the
city can keep its communications equipment for that quadrant in place. DPS
is willing to grant the city access and utility easements across DPS
property adjacent to the tower.  C.S.S.B. 982 authorizes DPS and TDCJ to
grant the necessary easements and fee title to the tower site to the City
of Houston, Texas. 

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) Requires the Texas Department of Criminal Justice (TDCJ)
and the Department of Public Safety of the State of Texas (DPS), before
November 1, 2003, to transfer to the City of Houston, for consideration to
which the parties mutually agree, their respective interests in the real
property described by Subsection (d) of this section, including any
improvements affixed to the property. 

(b) Authorizes consideration for the transfer authorized by Subsection (a)
of this section to be in the form of an agreement between the parties that
requires the City of Houston to use the property for a purpose that
benefits the public interest of the state.  Authorizes the City of Houston
to use the property transferred under this Act only for a purpose that
benefits the public interest of the state and provides that ownership of
the property automatically reverts to TDCJ and the easements granted by
DPS and TDCJ automatically terminate if the City of Houston no longer uses
the property for a purpose that benefits the public interest of the state,
if consideration for the transfer is in the form of an agreement described
by this subsection. 

(c) Requires TDCJ and DPS to transfer certain ownership and easement
interests in the property described by Subsection (d) of this section by
an appropriate instrument of transfer.  Requires the instrument of
transfer, if the consideration for the transfer is in the form of an
agreement described by Subsection (b) of this section, to include a
certain provision. 

(d) Provides that the real property to which SubsectionS (a) and (c) of
this section refer is described as a certain Fee Simple Tract. 

SECTION 2. Effective date: upon passage or September 1, 2003.

SUMMARY OF COMMITTEE CHANGES

Differs from original in relating clause by providing that the Act relates
to the granting of certain  state easements. 

Differs from original in SECTION 1 by providing that the easements granted
by the Texas Department of Public Safety of the State of Texas (DPS) and
the Texas Department of Criminal Justice (TDCJ) automatically terminate if
the City of Houston no longer uses the property for a purpose that
benefits the public interest of the state.  Requires DPS and TDCJ to
transfer ownership and easement interests in the property described by
Subsection (d).  Requires the instrument of transfer to include a
provision that the easements granted by DPS and TDCJ automatically
terminate if the City Houston no longer uses the property for a purpose
that benefits the public interest of the state.  Describes the exact
coordinates and area of the real property to which Subsections (a) and (c)
refer.