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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 State of |
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Texas, acting by and through the Texas Department of Public Safety, |
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to Webb County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code is amended by |
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adding Section 411.0081 to read as follows: |
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Sec. 411.0081. TRANSFER OF WEBB COUNTY REAL PROPERTY. (a) |
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Before May 1, 2010, the state, acting by and through the department, |
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shall transfer to Webb County certain surface interests in the real |
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property described by Subsection (d) of this section, including any |
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improvements affixed to the property. |
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(b) Consideration for the transfer authorized by Subsection |
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(a) of this section will be in the form of an agreement between the |
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parties that requires Webb County to use the property for a purpose |
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that benefits the public interest of this state. Ownership of the |
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property automatically reverts to the state, for the use and |
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benefit of the department, if Webb County no longer uses the |
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property for a purpose that benefits the public interest of the |
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state. Webb County shall execute the appropriate transfer |
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instrument to transfer the property back to the state, for the use |
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and benefit of the department, if Webb County no longer uses the |
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property for a purpose that benefits the public interest of the |
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state. |
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(c) The state, acting by and through the department, shall |
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transfer certain surface ownership interests in the property |
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described by Subsection (d) of this section by an appropriate |
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instrument of transfer. The instrument of transfer must include a |
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provision that: |
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(1) requires Webb County to use the property for a |
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purpose that benefits the public interest of the state; and |
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(2) indicates that ownership of the property |
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automatically reverts to the state, for the use and benefit of the |
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department, if Webb County no longer uses the property for a purpose |
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that benefits the public interest of the state. |
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(d) The real property to which Subsections (a) through (c) of |
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this section refer is described in that certain instrument filed of |
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record in Volume 517, Pages 736 - 741, in the Real Property Records |
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of Webb County, Texas. |
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SECTION 2. Prior to the transfer of the real property |
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described in Section 411.0081(d), Government Code, Webb County |
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shall timely obtain, at Webb County's expense, a survey, which will |
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provide the metes and bounds description for the transfer |
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instrument. After the transfer of the real property, Webb County |
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shall file the transfer instrument in the local property records, |
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at Webb County's expense. |
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SECTION 3. Section 31.158, Natural Resources Code, does not |
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apply to the real estate transaction described in Section 411.0081, |
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Government Code. The Texas Department of Public Safety, on behalf |
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of the state, will sign an instrument to convey the property to Webb |
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County. |
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SECTION 4. 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. |