By: Kolkhorst (Senate Sponsor - Ogden) H.B. No. 4438
         (In the Senate - Received from the House May 18, 2009;
  May 19, 2009, read first time and referred to Committee on Natural
  Resources; May 23, 2009, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  May 23, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 4438 By:  Averitt
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the transfer of certain state property from the Texas
  Department of Criminal Justice to the Texas Forest Service.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  Not later than November 1, 2009, the Texas
  Department of Criminal Justice shall transfer to the Texas Forest
  Service the real property described by Subsection (e) of this
  section.
         (b)  The Texas Forest Service shall use the property
  transferred under this Act only for a purpose that benefits the
  public interest of the state. If the Texas Forest Service uses the
  property for any purpose other than a purpose that benefits the
  public interest of the state, ownership of the property
  automatically reverts to the Texas Department of Criminal Justice.
         (c)  The Texas Department of Criminal Justice shall transfer
  the property by an appropriate instrument of transfer. The
  instrument of transfer must:
               (1)  provide that:
                     (A)  the Texas Forest Service use the property
  only for a purpose that benefits the public interest of the state;
  and
                     (B)  ownership of the property will automatically
  revert to the Texas Department of Criminal Justice if the Texas
  Forest Service uses the property for any purpose other than a
  purpose that benefits the public interest of the state; and
               (2)  describe the property to be transferred by metes
  and bounds.
         (d)  The Texas Department of Criminal Justice shall retain
  custody of the instrument of transfer after the instrument of
  transfer is filed in the real property records of Walker County.
         (e)  The real property referred to in this section is
  described as follows:
         Being 2.536 acres of land, more or less, situated in the City
  of Huntsville, WARREN BIRDSELL SURVEY, Abstract No. 6 and P. GRAY
  SURVEY, Abstract No. 24, Walker County, Texas and being all of the
  following tracts or parcels of land: a). a 0.341 acre tract out of
  and a part of a called 515 acre tract as described in a Deed from Ed
  H. Cunningham, et al to the State of Texas (Texas Department of
  Corrections), dated June 23, 1883 and recorded in Volume Y, Page
  181, Deed Records; and b). being all of a 2.19 acre tract as
  described in an Instrument from the Texas Department of Corrections
  to the Board of Regents of the Texas A & M University System for the
  use of the Texas Forest Service, as recorded in Volume 84, Page 783,
  Official Records, said two tracts being more definitely described
  as one contiguous tract of 2.536 acres as follows:
         BEGINNING at the northwest corner of said 2.19 acre tract,
  same being the northeast corner of said 0.341 acre tract and also
  being the south right-of-way of State Highway 75, as per Volume 209,
  Page 707, Deed Records, found a 5/8" iron rod;
         THENCE S75°35'14"E (2.19 acre call-S73°23'00"E-250.00 feet),
  with the north line of said 2.19 acre tract and the south line of
  said S. H. 75, for a distance of 250.00 feet to the northeast corner
  of said 2.19 acre tract, found a 5/8" iron rod;
         THENCE S14°22'46"W, with the east line of said 2.19 acre
  tract, for a distance of 453.60 feet to its southeast corner, same
  being the called and apparent northeast right-of-way line of
  Interstate Highway 45, as per Deed from the Texas Prison Board to
  the State of Texas, recorded in Volume 158, Page 177 (Tract No. 1,
  call 55.13 acres), Deed Records, found a 5/8" iron rod, from which a
  concrete right-of-way monument, found for reference only, bears
  S45°57'14"E-0.15 feet;
         THENCE N45°57'14"W (2.19 acre call-N43°45'00"W-287.70 feet),
  with the southwest line of said 2.19 acre tract and the called and
  apparent northeast line of said I.H. 45, at 287.70 feet pass a point
  for the southwest corner of said 2.19 acre tract, same being the
  southeast corner of said 0.341 acre tract, continuing for a total
  distance of 345.23 feet to the southwest corner of said 0.341 acre
  tract, same being the east line of a 1-1/2 acre tract as described
  in a Transfer of Title from the Texas Board of Corrections to the
  Texas Department of Public Safety, recorded in Volume 391, Page
  724, Deeds Records, and further evidenced by an unrecorded survey
  (called 1.500 acres) by N. B. Davidson, Jr., RPLS No. 2066, dated
  June, 1982, set a 5/8" iron rod with an orange, plastic cap, marked
  "RPLS-4066";
         THENCE N14°22'38"E (1-1/2 acre call-N16°37'E-289.50 feet),
  with the west line of said 0.341 acre tract and the east line of said
  1-1/2 acre tract, for a distance of 282.93 feet to the northwest
  corner of said 0.341 acre tract, same being the northeast corner of
  said 1-1/2 acre tract, found a 1/2" iron rod in the called south
  right-of-way of said S.H. 75;
         THENCE S75°35'14"E, with the north line of said 0.341 acre
  tract and the called south line of said S.H. 75, for a distance of
  50.00 feet to the PLACE OF BEGINNING.
         NOTE: Bearings referenced to the called north line of said
  2.19 acre tract (S75°35'14'E) in Volume 412, Page 149, Official
  Records.
         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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