By: Howard of Fort Bend (Senate Sponsor - Hegar) H.B. No. 2728

(In the Senate - Received from the House May 1, 2009; May 6, 2009, read first time and referred to Committee on Veteran Affairs and Military Installations; May 15, 2009, reported favorably by the following vote: Yeas 5, Nays 0; May 15, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the transfer of certain state property from the Department of Aging and Disability Services to the Veterans' Land Board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. (a) Not later than November 1, 2010, the Department of Aging and Disability Services shall transfer to the Veterans' Land Board the real property described by Subsection (d) of this section, provided that the Veterans' Land Board has determined that the property is suitable for its intended purpose.

(b) The consideration for the transfer authorized by Subsection (a) is the requirement that the Veterans' Land Board use the property transferred only for a purpose that benefits the public interest of the state. If the Veterans' Land Board no longer uses the property for a purpose that benefits the public interest of the state, ownership of the property automatically reverts to the Department of Aging and Disability Services.

(c) The Department of Aging and Disability Services shall transfer the property by an appropriate instrument of transfer, executed on its behalf by the Commissioner of the General Land Office. The instrument of transfer must:

(1) include a provision that:

(A) requires the Veterans' Land Board to use the property for a purpose that benefits the public interest of the state;

(B) permits the Veterans' Land Board to develop the property, on or before the 10th anniversary of the effective date of the transfer, in cooperation with the federal government as a state veterans' home for Texas veterans; and

(C) indicates that ownership of the property automatically reverts to the Department of Aging and Disability Services if the Veterans' Land Board no longer uses the property for a purpose that benefits the public interest of the state;

(2) describe the property to be transferred by metes and bounds; and

(3) describe the easements referred to in Subsection (e) of this section.

(d) The real property to which Subsection (a) of this section refers is described as follows:

Being approximately 20.37 acres of land out of the John T. Edwards Survey, Abstract No. 23, and the William Andrews Survey, Abstract 4, Fort Bend County, Texas. The said 20.37 acres of land also being the Southeast portion of that certain tract containing 200.525 acres of land in a deed dated January 11, 1963 from Vaclav Pultar Et Ux, Et Al, to The State of Texas for the use and benefit of the State School for the Mentally Retarded as recorded in Volume 434, Page 586, of the Deed Records of Fort Bend County, Texas. The said 20.37 acres of land more particularly described as follows:

Beginning at an iron pipe found at the base of a fence corner post marking the re-entrant corner of and place of beginning of said 200.525 acre tract; said corner being the North corner of Lot 29 and the Northwest corner of Lot 30 of Borden's Second Addition to Richmond, in the Southeast line of said William Andrews Survey, Abst. No. 4, in the northwest line of said John T. Edwards Survey, Abstract No. 23, the Northwest corner of the C.A. Pavlik Tract, and being the Northeast corner of this 20.37 acre tract;

Thence South 00 degrees 00 minutes 00 seconds East along a fence line marking the East line of said Lot 29, the West line of Lot 30, and the West line of said C.A. Pavlik Tract, at a distance of 940.07 feet leaving said fence, at a distance of 1037.77 feet pass the North line of a 40 foot road easement, in all 1067.77 feet to an iron pipe found in said 40 foot road easement for the southeast corner of said 200.525 acre tract and the southeast corner of this 20.37 acre tract; said corner being the Northeast corner of the Sophie Splichal 1.05 acre tract (Volume 327, Page 188 of the Deed Records of Fort bend County, Texas) and bearing North 00 degrees 00 minutes 00 seconds East a distance of 109.23 feet from the Southeast corner of said Lot 29;

Thence South 85 degrees 26 minutes 00 seconds West, a distance of 140.45 feet along said 40 foot road easement and the North line of said Sophie Splichal 1.05 acre tract to a point for an angle point in this line; said point being referenced by an iron pipe found bearing South 20 degrees 27 minutes 50 seconds West a distance of 22.5 feet;

Thence North 79 degrees 01 minutes 30 seconds West, a distance of 125.3 feet along said road and the North line of the Anton V. Mikeska 0.46 acre tract to an angle point in this line; said angle point being referenced by an iron pipe in the South line of said 40 road easement and being South 22 degrees 05 minutes 50 seconds West a distance of 15.0 feet;

Thence North 67 degrees 43 minutes 10 seconds West continuing along said roadway a distance of 218.0 feet to an angle point; said point being referenced by an iron pipe in the South line of said 40 road easement and bearing South 22 degrees 05 minutes 50 seconds West a distance of 15.0 feet;

Thence North 67 degrees 02 minutes 50 seconds West continuing along said roadway a distance of 152.5 feet to an angle point; said angle point being the Northeast corner of the Sophie Splichal 1 1/3 acre tract (Volume 370, Page 252 of the Deed Records of Fort bend County, Texas); said corner being referenced by an iron pipe in the South line of said road bearing South 22 degrees 57 minutes 20 seconds West a distance of 15.7 feet;

Thence North 67 degrees 13 minutes 10 seconds West along the North line of the said Sophie Splichal 1 1/3 acre tract a distance of 173.7 feet to a point for the Northwest corner of the said 1 1/3 acre tract and an angle point in the road easement; said corner being referenced by an iron pipe found in the South line of said road bearing South 22 degrees 57 minutes 20 seconds West a distance of 15.7 feet;

Thence North 32 degrees 14 minutes 00 seconds West a distance of 120.0 feet to an angle point in this line;

Thence North 32 degrees 56 minutes 10 seconds West a distance of 152.35 feet along the centerline of said 40 foot road easement to an angle point;

Thence North 62 degrees 23 minutes 20 seconds West along the centerline of said 40 foot road easement to a point in the centerline of an existing driveway and being the Southwest corner of this 20.37 acre tract;

Thence in a Northerly direction with the centerline of said existing driveway a distance of approximately 208 +/- feet to the termination of said driveway;

Thence in a northerly direction a distance of approximately 537 +/- feet to a point in the centerline of an existing road for the Northwest corner of this 20.37 acre tract;

Thence in a Northeasterly direction with the centerline of said existing road a distance of approximately 313 +/- feet to a point in the intersection of the centerline of an existing road for the North corner of said 20.37 acre tract;

Thence in an Easterly direction with the centerline of said existing road a distance of approximately 715 +/- feet to the Point of Beginning and containing approximately 20.37 acres of land.

(e) The transfer under this section shall include:

(1) all mineral rights and interests in the real property described in Subsection (d) of this section; and

(2) the easements over, under, and on the land owned or controlled by the Department of Aging and Disability Services that is adjacent to the real property described in Subsection (d) of this section as the Commissioner of the General Land Office determines are reasonably necessary for the beneficial use of the real property described in Subsection (d) of this section, provided the easements do not unreasonably interfere with the use of the adjacent property by the Department of Aging and Disability Services.

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, 2009.

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