Amend CSHB 3632 (Senate committee report version) on third 
reading, by adding the appropriately numbered SECTION, as follows:
	SECTION ____.  (a)  Not later than September 30, 2009, the 
Texas Department of Transportation shall transfer to Polk County 
the real property described by Subsection (f) of this section.
	(b)  Polk County may use the property transferred under this 
Act only for a purpose that benefits the public interest of the 
state.  If Polk County uses the property for any purpose other than 
a purpose that benefits the public interest of the state, Polk 
County shall pay to the Texas Department of Transportation an 
amount equal to the fair market value of the property on the date 
Polk County begins using the property for the purpose other than a 
purpose that benefits the public interest of the state, less the 
amount that Polk County paid to the Texas Department of 
Transportation under Subsection (c) of this section.
	(c)  On the effective date of the transfer authorized under 
Subsection (a) of this section, Polk County shall pay an amount to 
reimburse the Texas Department of Transportation for the 
department's actual costs to acquire the property.  If the Texas 
Department of Transportation cannot determine that amount, the 
amount shall be determined based on the average historical 
right-of-way acquisition values for right-of-way located in 
proximity to the property described by Subsection (f) of this 
section on the date of original acquisition of the property by the 
Texas Department of Transportation.  Money received by the Texas 
Department of Transportation under this subsection shall be 
deposited in the state highway fund and used in the Texas Department 
of Transportation district in which the property is located.
	(d)  The Texas Department of Transportation shall transfer 
the property by an appropriate instrument of transfer.  The 
instrument of transfer must:
		(1)  provide that:                                                            
			(A)  Polk County may use the property only for a 
purpose that benefits the public interest of the state; or
			(B)  if Polk County uses the property for any 
purpose other than a purpose that benefits the public interest of 
the state, Polk County shall pay to the Texas Department of 
Transportation an amount equal to the fair market value of the 
property on the date Polk County begins using the property for the 
purpose other than a purpose that benefits the public interest of 
the state, less the amount that Polk County paid to the Texas 
Department of Transportation under Subsection (c) of this section; 
and
		(2)  describe the property to be transferred by metes 
and bounds.           
	(e)  The Texas Department of Transportation shall retain 
custody of the instrument of transfer after the instrument of 
transfer is filed in the real property records of Polk County.
	(f)  The real property referred to in this section is 
described as follows:  

FIELDNOTES of 10.549 Acres in the M.L. Choate Survey, A-15, Polk 
County, Texas and being all of a 1.338 Acre Tract described under 
Parcel 28, Part 1 in a Judgment of Court in the State of Texas, et 
al, versus Wayne Duncan and wife, Judy Duncan, dated August 6, 1975 
and recorded in Volume 305, Page 357 of the Polk County Deed Records 
and also being part of a 20.198 Acre Tract described under Parcel 
26, Part 2 in a deed from H.D. Nixon and wife, Bonibel Nixon, et al, 
to the State of Texas dated August 21, 1975 and recorded in Volume 
305, Page 726 of said Deed Records.  Said 10.549 Acres being more 
particularly described as follows:

BEGINNING at the most Northerly West corner of said 20.198 Acre 
Tract and an interior corner of a 224.204 Acre Tract conveyed to the 
City of Livingston by deed recorded in Volume 450, Page 805 of said 
Deed Records, found a concrete monument with a 1/2" iron rod for 
corner;

THENCE with the most Northerly Northwest Line of said 20.198 Acre 
Tract and a Southeast Line of said 224.204 Acre Tract, N48°28'33"E 
399.68 feet to the most Northerly North corner of said 20.198 Acre 
Tract and an interior corner of said 224.204 Acre Tract, found a 
concrete monument with a 1/2" iron rod for corner;

THENCE with the most Northerly Northeast Line of said 20.198 Acre 
Tract, a Southwest Line of said 224.204 Acre Tract, the Southwest 
Line of Garden Ridge Subdivision as shown on a Plat recorded in 
Volume 11, Page 31 of the Polk County Plat Records, the Southwest 
Line of the residue of a 4.873 Acre Tract conveyed to Donald R. 
Langston by deed recorded in Volume 1064, Page 882 of said Official 
Records, and the Northeast Line of said 1.338 Acre Tract, 
S41°33'29"E 1,149.91 feet to an interior corner of said 20.189 Acre 
Tract and the South corner of said residue Tract, found a concrete 
monument with a 1/2" iron rod for corner which bears N41°26'31"W 200 
feet from Highway No. 59 centerline station 164+49.77 and also 
marks the beginning of a Control of Access Line;

THENCE across and severing said 20.198 Acre Tract, S48°33'29"W, at 
369.77 feet and N41°26'31"W 200 feet from station 161+10.00 pass the 
end of said Control of Access Line and continue on same course a 
total distance of 399.77 feet to an interior corner of said 20.198 
Acre Tract and the East corner of a 1.250 Acre Tract conveyed to the 
Polk County Chamber of Commerce by deed recorded in Volume 1089, 
Page 79 of said Official Records, found a concrete monument with a 
1/2" iron rod for corner which bears N41°26'31"W 200 feet from said 
Highway centerline at station 160+50.00;

THENCE with the Northeast Line of said 1.250 Acre Tract, the 
Northeast Line of said 224.204 Acre Tract, and the Southwest Line of 
said 20.198 Acre Tract, N41°33'13"W 1,149.34 feet to the Place of 
Beginning and containing 10.549 Acres of Land.

The bearings described herein are based upon the most Westerly 
Northwest Line of said 20.198 Acre Tract.
	(g)  Polk County shall pay any transaction fees resulting 
from the transfer of property under this Act.