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A BILL TO BE ENTITLED
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AN ACT
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relating to the acquisition by the Parks and Wildlife Department of |
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certain real property in Brewster County owned by the permanent |
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school fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) According to the provisions of this Act, all |
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of the interest of the permanent school fund in the surface only of |
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the land described by Subsection (c) of this section is transferred |
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and conveyed to the Parks and Wildlife Department. |
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(b) Under the conveyance described by Subsection (a) of this |
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section, the permanent school fund retains: |
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(1) the interest in all oil and gas and all other |
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minerals and materials of economic value in and under the land |
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conveyed; |
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(2) the right to permit or lease for exploration and |
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development the oil and gas and other minerals and materials of |
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economic value wherever located and by whatever method necessary to |
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recover the minerals and materials; and |
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(3) the right of unhindered ingress and egress to |
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explore for and produce the retained oil and gas and all other |
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minerals and materials of economic value, without regard to |
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incidental loss of use or damage to the surface that may occur |
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during periods of exploration and development of the reserved |
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minerals and materials. |
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(c) The property transferred and conveyed under Subsection |
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(a) of this section is described as lands in that certain portion of |
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Brewster County, Texas, adjoining the southern boundary of the |
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Black Gap Wildlife Management Area, consisting of approximately |
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15,553.57 acres, being further described as follows: |
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(1) Sections 24 through 32 inclusive, and all of |
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Section 33, 34 and 35 lying north of the right of way of State |
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Highway 2627, Block B-1, G. C. & S. F. Ry. Co.; |
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(2) Sections 35 through 37 inclusive, Section 40, and |
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all of Section 33 lying north of the right of way of State Highway |
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2627, Block G-23, C. T. & M. C. Ry. Co.; |
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(3) Sections 3, 4, and 6 through 8 inclusive, Block |
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G-9, Georgetown Ry. Co. Survey; and |
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(4) Sections 9 through 11, and 14 through 16, Block |
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G-9, H. E. & W. T. Ry. Co. |
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SECTION 2. As compensation to the permanent school fund for |
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the land transferred to the Parks and Wildlife Department by this |
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Act, the Parks and Wildlife Department shall pay to the permanent |
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school fund a sum to be determined by a weighted average price per |
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acre mutually agreed on by the Parks and Wildlife Department and the |
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School Land Board based on such factors as geographic types of |
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acreage, location, and access. |
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SECTION 3. The legislature finds that the fair market value |
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of the land transferred out of the permanent school fund under |
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Section 1 of this Act and the consideration transferred into the |
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permanent school fund under Section 2 of this Act are equivalent and |
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that the transfer of the land described by Section 1 of this Act to |
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the Parks and Wildlife Department is in the best interests of the |
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state. |
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SECTION 4. The transfer of the land described by Section 1 |
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of this Act from the permanent school fund is intended to remove the |
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land from the permanent school fund, make that land a part of the |
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Black Gap Wildlife Management Area, and change the legal boundary |
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of the affected wildlife management area accordingly. The Parks |
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and Wildlife Department shall ensure that the land transferred and |
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conveyed under this Act is used for the stated purpose of expanding |
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the Black Gap Wildlife Management Area. If the Parks and Wildlife |
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Department determines that the land can no longer be used for or |
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will no longer serve the intended purpose, ownership and control of |
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the land shall revert to the permanent school fund without further |
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action or compensation from the permanent school fund. On the |
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request of the School Land Board, the Parks and Wildlife Department |
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shall execute any documents required to evidence a reverter under |
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this section. |
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SECTION 5. On or before December 31, 2007, the General Land |
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Office, the School Land Board, and the Parks and Wildlife |
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Department shall agree on a plan for the conveyance to the Parks and |
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Wildlife Department, under one or more sales, exchanges, or other |
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transfers, of the surface estate to the land dedicated to the |
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permanent school fund that is described by Section 1 of this Act. |
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The plan must provide for compensation to the permanent school |
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fund, in land or money, in an amount mutually agreed on by the |
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School Land Board and the Parks and Wildlife Department, using the |
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weighted average described by Section 2 of this Act. |
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SECTION 6. This transfer and conveyance to the Parks and |
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Wildlife Department shall be without warranty and subject to any |
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rights-of-way, easements, and encumbrances of record, any |
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discrepancies, conflicts, or shortages in area or boundary lines, |
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and any encroachments, open and obvious, on the ground. |
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SECTION 7. The transaction authorized by this Act is |
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contingent on the appropriation of sufficient funds by the |
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legislature to the Parks and Wildlife Department to compensate the |
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permanent school fund as required by Section 2 of this Act. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |