By:  Whitmire                                                     S.B. No. 982
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain state property and the granting 
of certain state easements from the Texas Department of Criminal 
Justice and the Department of Public Safety of the State of Texas to 
the City of Houston.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  (a)  Before November 1, 2003, the Texas 
Department of Criminal Justice and the Department of Public Safety 
of the State of Texas shall transfer to the City of Houston, for 
consideration to which the parties mutually agree, certain 
interests in the real property described by Subsection (d) of this 
section, including any improvements affixed to the property.
	(b)  Consideration for the transfer authorized by Subsection 
(a) of this section may 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.  If the 
consideration for the transfer is in the form of an agreement 
described by this subsection:
		(1)  the City of Houston may use the property 
transferred under this Act only for a purpose that benefits the 
public interest of the state; and
		(2)  ownership of the property automatically reverts to 
the Texas Department of Criminal Justice and the easements granted 
by the Department of Public Safety of the State of Texas and the 
Texas Department of Criminal Justice automatically terminate if the 
City of Houston no longer uses the property for a purpose that 
benefits the public interest of the state.
	(c)  The Texas Department of Criminal Justice and the 
Department of Public Safety of the State of Texas shall transfer 
certain ownership and easement interests in the property described 
by Subsection (d) of this section by an appropriate instrument of 
transfer.  If the consideration for the transfer is in the form of 
an agreement described by Subsection (b) of this section, the 
instrument of transfer must include a provision that:
		(1)  requires the City of Houston to use the property 
for a purpose that benefits the public interest of the state; and
		(2)  indicates that ownership of the property 
automatically reverts to the Texas Department of Criminal Justice 
to the extent of the department's former interest in the property 
and the easements granted by the Department of Public Safety of the 
State of Texas and the Texas Department of Criminal Justice 
automatically terminate if the City of Houston no longer uses the 
property for a purpose that benefits the public interest of the 
state.
	(d)  The real property to which Subsections (a) and (c) of 
this section refer is described as follows:
	Fee Simple Tract:                                                              
	Being a tract or parcel containing 0.0650 acre (2,834 square 
feet) of land situated in the H. Reinerman Survey, Abstract Number 
644, City of Houston, Harris County, Texas, being out of and a part 
of Tract 1, Block 2 of BROOKHOLLOW/HOUSTON, SECTION ONE, a 
subdivision of record in Volume 144, Page 79, Harris County Map 
Records (H.C.M.R.), and being out of and a part of a called 197,847 
square foot tract conveyed to the State of Texas Department of 
Public Safety by deed recorded under Harris County Clerks File 
(H.C.C.F.) Number C580248, said 0.0650 acre tract being more 
particularly described as follows (bearings are oriented to the 
bearing base reflected in the record plat of said 
BROOKHOLLOW/HOUSTON, SECTION ONE):
	COMMENCING at a point in the northeasterly right-of-way 
(R.O.W.) line of the Northwest Freeway (U.S. 290)(350 feet wide), 
for the southerly corner of a called 1.6233 acre tract conveyed to 
Joseph S. Dimare III, Trustee for Dacoma 290 Trust by deed recorded 
under H.C.C.F. Number R805256, said point for the most southerly 
west corner of said called 197,847 square foot tract, from which a 
found 5/8 inch iron rod bears South 36°24" West, 0.24 feet;
	THENCE, South 44°54'53" East, along the northeasterly R.O.W. 
line of said Northwest Freeway, a distance of 8.00 feet (2.880 
varas) to a magnetic nail set for reference;
	THENCE, North 45°05'07" East, departing said northeasterly 
R.O.W. line, a distance of 140.75 feet (50.670 varas) to a magnetic 
nail set for reference;
	THENCE, South 44°54'53" East, a distance of 24.00 feet (8.640 
varas) to a magnetic nail set marking the POINT OF BEGINNING and 
northerly corner of the herein described tract;
	THENCE, continuing South 44°54'53" East, a distance of 55.83 
feet (20.099 varas) to a magnetic nail set marking the easterly 
corner of the herein described tract;
	THENCE, South 45°05'07" West, a distance of 50.75 feet (18.270 
varas) to a magnetic nail set marking the southerly corner of the 
herein described tract;
	THENCE, North 44°54'53" West, a distance of 55.83 feet (20.099 
varas) to a cross in concrete set marking the westerly corner of the 
herein described tract;
	THENCE, North 45°05'07" East, a distance of 50.75 feet (18.270 
varas) to the POINT OF BEGINNING and containing 0.0650 acre (2,834 
square feet) of land.  This description is based on a Standard 
Boundary Survey and plat prepared by GeoSurv, LLC, dated March 10, 
2003, and revised March 14, 2003.
	Access Easement Tract:                                                         
	Being a tract or parcel containing 0.0776 acre (3,378 square 
feet) of land situated in the H. Reinerman Survey, Abstract Number 
644, City of Houston, Harris County, Texas, being out of and a part 
of Tract 1, Block 2 of BROOKHOLLOW/HOUSTON, SECTION ONE, a 
subdivision of record in Volume 144, Page 79, Harris County Map 
Records (H.C.M.R.), and being out of and a part of a called 197,847 
square foot tract conveyed to the State of Texas Department of 
Public Safety by deed recorded under Harris County Clerks File 
(H.C.C.F.) Number C580248, said 0.0775 acre tract being more 
particularly described as follows (bearings are oriented to the 
bearing base reflected in the record plat of said 
BROOKHOLLOW/HOUSTON, SECTION ONE):
	COMMENCING at a point in the northeasterly right-of-way 
(R.O.W.) line of the Northwest Freeway (U.S. 290)(350 feet wide), 
for the southerly corner of a called 1.6233 acre tract conveyed to 
Joseph S. Dimare III, Trustee for Dacoma 290 Trust by deed recorded 
under H.C.C.F. Number R805256, said point for the most southerly 
west corner of said called 197,847 square foot tract, from which a 
found 5/8 inch iron rod bears South 36°24" West, 0.24 feet;
	THENCE, South 44°54'53" East, along the northeasterly R.O.W. 
line of said Northwest Freeway, a distance of 8.00 feet (2.880 
varas) to a magnetic nail set marking the POINT OF BEGINNING and 
westerly corner of the herein described tract;
	THENCE, North 45°05'07" East, departing said northeasterly 
R.O.W. line, a distance of 140.75 feet (50.670 varas) to a magnetic 
nail set marking the northerly corner of the herein described 
tract;
	THENCE, South 44°54'53" East, a distance of 24.00 feet (8.640 
varas) to a magnetic nail set marking the easterly corner of the 
herein described tract;
	THENCE, South 45°05'07" West, a distance of 140.75 feet 
(50.670 varas) to a 5/8 inch iron rod with cap found in the 
aforesaid northeasterly R.O.W. line of the Northwest Freeway, 
marking the southerly corner of the herein described tract;
	THENCE, North 44°54'53" West, along the northeasterly R.O.W. 
line of said Northwest Freeway, a distance of 24.00 feet (8.640 
varas) to the POINT OF BEGINNING and containing 0.0776 acre (3,378 
square feet) of land.  This description is based on a Standard 
Boundary Survey and plat prepared by GeoSurv, LLC, dated March 10, 
2003, and revised March 14, 2003.
	Utility Easement Tract:                                                        
	Being a tract or parcel containing 240 square feet of land 
situated in the H. Reinerman Survey, Abstract Number 644, City of 
Houston, Harris County, Texas, being out of and a part of Tract 1, 
Block 2 of BROOKHOLLOW/HOUSTON, SECTION ONE, a subdivision of 
record in Volume 144, Page 79, Harris County Map Records 
(H.C.M.R.), and being out of and a part of a called 197,847 square 
foot tract conveyed to the State of Texas Department of Public 
Safety by deed recorded under Harris County Clerks File (H.C.C.F.) 
Number C580248, said 240 square foot tract being more particularly 
described as follows (bearings are oriented to the bearing base 
reflected in the record plat of said BROOKHOLLOW/HOUSTON, SECTION 
ONE):
	COMMENCING at a point in the northeasterly right-of-way 
(R.O.W.) line of the Northwest Freeway (U.S. 290)(350 feet wide), 
for the southerly corner of a called 1.6233 acre tract conveyed to 
Joseph S. Dimare III, Trustee for Dacoma 290 Trust by deed recorded 
under H.C.C.F. Number R805256, said point for the most southerly 
west corner of said called 197,847 square foot tract, from which a 
found 5/8 inch iron rod bears South 36°24" West, 0.24 feet;
	THENCE, South 44°54'53" East, along the northeasterly R.O.W. 
line of said Northwest Freeway, a distance of 8.00 feet (2.880 
varas) to a magnetic nail set for reference;
	THENCE, North 45°05'07" East, departing said northeasterly 
R.O.W. line, a distance of 130.75 feet (50.670 varas) to the POINT 
OF BEGINNING and westerly corner of the herein described tract;
	THENCE, continuing North 45°05'07" East, a distance of 10.00 
feet (3.600 varas) to a magnetic nail set marking the northerly 
corner of the herein described tract;
	THENCE, South 44°54'53" East, a distance of 24.00 feet (8.640 
varas) to a magnetic nail set marking the easterly corner of the 
herein described tract;
	THENCE, South 45°05'07" West, a distance of 10.00 feet (3.600 
varas) to a point for the southerly corner of the herein described 
tract;
	THENCE, North 44°54'53" West, a distance of 24.00 feet (8.640 
varas) to the POINT OF BEGINNING and containing 240 square feet of 
land.  This description is based on a Standard Boundary Survey and 
plat prepared by GeoSurv, LLC, dated March 10, 2003, and revised 
March 14, 2003.
	Access Easement Tract:                                                         
	Being a tract or parcel containing 0.0269 ACRE (1,172 square 
feet) of land situated in the H. Reinerman Survey, Abstract Number 
644, City of Houston, Harris County, Texas, being out of and a part 
of Tract 1, Block 2 of BROOKHOLLOW/HOUSTON, SECTION ONE, a 
subdivision of record in Volume 144, Page 79, Harris County Map 
Records (H.C.M.R.), and being out of and a part of a called 197,847 
square foot tract conveyed to the State of Texas Department of 
Public Safety by deed recorded under Harris County Clerks File 
(H.C.C.F.) Number C580248, said 0.0269 acre tract being more 
particularly described as follows (bearings are oriented to the 
bearing base reflected in the record plat of said 
BROOKHOLLOW/HOUSTON, SECTION ONE):
	COMMENCING at a point in the northeasterly right-of-way 
(R.O.W.) line of the Northwest Freeway (U.S. 290)(350 feet wide), 
for the southerly corner of a called 1.6233 acre tract conveyed to 
Joseph S. Dimare III, Trustee for Dacoma 290 Trust by deed recorded 
under H.C.C.F. Number R805256, said point for the most southerly 
west corner of said called 197,847 square foot tract, from which a 
found 5/8 inch iron rod bears South 36°24" West, 0.24 feet;
	THENCE, South 44°54'53" East, along the northeasterly R.O.W. 
line of said Northwest Freeway, a distance of 32.00 feet (11.520 
varas) to a 5/8 inch iron rod with cap found for reference;
	THENCE, North 45°05'07" East, departing said northeasterly 
R.O.W. line, a distance of 69.00 feet (24.840 varas) to a 5/8 inch 
iron rod with cap set marking the POINT OF BEGINNING and westerly 
corner of the herein described tract;
	THENCE, continuing North 45°05'07" East, a distance of 21.00 
feet (7.560 varas) to a point for the northerly corner of the herein 
described tract;
	THENCE, South 44°54'53" East, a distance of 55.83 feet (20.099 
varas) to a point for the easterly corner of the herein described 
tract;
	THENCE, South 45°05'07" West, a distance of 21.00 feet (7.560 
varas) to a magnetic nail set marking the southerly corner of the 
herein described tract;
	THENCE, North 44°54'53" West, a distance of 55.83 feet (20.099 
varas) to the POINT OF BEGINNING and containing 0.0269 acre (1,172 
square feet) of land.  This description is based on a Standard 
Boundary Survey and plat prepared by GeoSurv, LLC, dated March 10, 
2003, and revised March 14, 2003.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.