BILL ANALYSIS

 

 

                                                                                                                                     C.S.S.B. 1533

                                                                                                                                            By: Fraser

                                                                                                                                          Corrections

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Senate Bill 1533 transfers property currently belonging to the Texas Department of Criminal Justice to Burnet County so that Burnet County can build a new county jail and law enforcement center. 

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1.  (a)  Requires the Texas Department of Criminal Justice (TDCJ) to transfer to Burnet County the real property described by Subsection (d) of this section, not later than November 1, 2007.

 

(b)  Requires Burnet County to use the property transferred under this Act only for a purpose that benefits the public interest of the state.  Provides that if Burnet County no longer uses the property for a purpose that benefits the public interest of the state, ownership of the property automatically reverts to TDCJ.

 

(c)  Requires TDCJ to transfer the property by an appropriate instrument of transfer.  Requires the instrument of transfer to include a provision that requires Burnet County to use the property for a purpose that benefits the public interest of the state and that indicates that ownership of the property automatically reverts to TDCJ if Burnet County no longer uses the property for a purpose that benefits the public interest of the state.  Requires the instrument of transfer to describe the property to be transferred by metes and bounds.

 

(d)     Sets forth the metes and bounds of the real property referred to in Subsection (a) of this section.

 

(e)  Requires the TDCJ to grant to Burnet County certain additional utility easements to the real property described in Subsection (d) of this section.  Utility easements shall be mutually beneficial and agreed upon by the TDCJ and Burnet County.

 

SECTION 2.  Effective date:  upon passage or September 1, 2007.

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The committee substitute corrects errors found in the metes and bounds description of the 75 acre tract contained in SB 1533 as passed by the Senate. 

 

Additionally, the committee substitute adds a requirement that the Texas Department of Criminal Justice (TDCJ) grant to Burnet County certain additional utility easements to the real property described in Subsection (d) of the bill.  The substitute also provides that such utility easements shall be mutually beneficial and agreed upon by the TDCJ and Burnet County.