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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of certain state property from the Texas |
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Department of Criminal Justice to the Texas Forest Service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Not later than the 30th day after the |
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effective date of this Act, the Texas Department of Criminal |
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Justice shall transfer to the Texas Forest Service the real |
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property described by Subsection (e) of this section. |
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(b) The Texas Forest Service shall use the property |
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transferred under this Act only for a purpose that benefits the |
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public interest of the state. If the Texas Forest Service uses the |
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property for any purpose other than a purpose that benefits the |
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public interest of the state, ownership of the property |
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automatically reverts to the Texas Department of Criminal Justice. |
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(c) The Texas Department of Criminal Justice shall transfer |
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the property by an appropriate instrument of transfer. The |
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instrument of transfer must: |
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(1) provide that: |
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(A) the Texas Forest Service use the property |
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only for a purpose that benefits the public interest of the state; |
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and |
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(B) ownership of the property will automatically |
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revert to the Texas Department of Criminal Justice if the Texas |
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Forest Service uses the property for any purpose other than a |
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purpose that benefits the public interest of the state; and |
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(2) describe the property to be transferred by metes |
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and bounds. |
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(d) The Texas Department of Criminal Justice shall retain |
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custody of the instrument of transfer after the instrument of |
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transfer is filed in the real property records of Walker County. |
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(e) The real property referred to in this section is |
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described as follows: |
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Being 2.195 acres of land, more or less, situated in the City |
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of Huntsville, WARREN BIRDSELL SURVEY, Abstract No. 6 and P. GRAY |
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SURVEY, Abstract No. 24, Walker County, Texas and being out of and a |
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part of a called 515 acre tract as described in a Deed from Ed H. |
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Cunningham, et al to the State of Texas (Texas Department of |
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Corrections), dated June 23, 1883 and recorded in Volume Y, Page |
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181, Deed Records and further described as a 2.19 acre tract in a |
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Lease from the Texas Department of Corrections to the Board of |
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Regents of the Texas A & M University System for the use of the Texas |
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Forest Service, recorded in Volume 84, Page 783, Official Records, |
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said 2.195 acre tract being more definitely described as follows: |
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BEGINNING at the northwest corner of said 2.19 acre tract |
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(Lease tract), same being the south right-of-way of State Highway |
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75, as per Volume 209, Page 707, Deed Records and also being |
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S75°34'14"E-50.0 feet from the apparent and called northeast corner |
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of a 1-1/2 acre tract as described in a Transfer of Title from the |
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Texas Board of Corrections to the Texas Department of Public |
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Safety, dated February 17, 1982 and recorded in Volume 391, Page |
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724, Deed Records and further described by an unrecorded resurvey |
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(called 1.500 acres) by N. B. Davidson, Jr., RPLS No. 2066, dated |
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June, 1982, found a 5/8" iron rod; |
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THENCE S75°35'14"E (Lease Call, S73°23'00"E-250.00 feet), |
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with the north line of said 2.19 acre tract (Lease tract) and the |
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south line of said S.H. 75, for a distance of 250.00 feet to the |
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northeast corner of said 2.19 acre tract (Lease tract), found a 5/8" |
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iron rod; |
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THENCE S14°22'46"W (Lease call, S16°35'00"W-453.60 feet), |
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with the east line of said 2.19 acre tract (Lease tract) and |
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crossing said 515 acre tract, for a distance of 453.60 feet to the |
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southeast corner of said 2.19 acre tract (Lease tract), same being |
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the called and apparent northeast right-of-way line of Interstate |
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Highway 45, as per Deed from the Texas Prison Board to the State of |
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Texas, recorded in Volume 158, Page 177 (Tract No. 1, call 55.13 |
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acres), Deed Records, found a 5/8" iron rod, from which a concrete |
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right-of-way monument, found for reference only, bears |
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S45°57'14"E-0.15 feet; |
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THENCE N45°57'14"W (Lease call, N43°45'00"W-287.70 feet), |
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with the southwest line of said 2.19 acre tract (Lease tract) and |
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the called and apparent northeast line of said I.H. 45, for a |
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distance of 287.70 feet to the southwest corner of said 2.19 acre |
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tract (Lease tract), set a 5/8" iron rod with an orange, plastic |
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cap, marked "RPLS-4066"; |
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THENCE N14°22'38"E (Lease call N16°35'00"E-311.35 feet), with |
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the west line of said 2.19 acre tract (Lease tract) and being 50.0 |
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feet east of and parallel to the called and apparent east line of |
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said 1.500 acre tract, for a distance of 311.35 feet to the PLACE OF |
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BEGINNING. |
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NOTE: Bearings referenced to the called north line of said |
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2.19 acre tract (S75°35'14'E) in Volume 412, Page 149, Official |
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Records. |
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SECTION 2. 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, 2009. |