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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the transfer of certain real property held |
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by the Texas Department of Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. AUTHORIZATION FOR TRANSFER. (a) Not later than |
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January 1, 2010, the Texas Department of Criminal Justice shall |
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transfer to Brazoria County the real property specified in Section |
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2 of this Act. |
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(b) Consideration for the transfer authorized by Subsection |
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(a) of this section shall be in the form of an agreement between the |
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parties that requires Brazoria County to use the property in a |
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manner that primarily promotes a public purpose that benefits the |
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public interest of the state. |
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(c) If Brazoria County fails to use the property in the |
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manner described by an agreement under Subsection (b) of this |
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section for more than 180 continuous days, ownership of the |
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property automatically reverts to the Texas Department of Criminal |
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Justice. |
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(d) The Texas Department of Criminal Justice shall transfer |
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the property to Brazoria County by an appropriate instrument of |
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transfer. The instrument of transfer must include a provision |
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that: |
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(1) requires Brazoria County to use the property in a |
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manner that primarily promotes a public purpose that benefits the |
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public interest of the state; |
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(2) indicates that ownership of the property |
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automatically reverts to the Texas Department of Criminal Justice |
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if Brazoria County no longer uses the property in a manner that |
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primarily promotes a public purpose that benefits the public |
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interest of the state; and |
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(3) excludes from the transfer all mineral interests |
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in and under the property and prohibits any exploration, drilling, |
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or other similar intrusion on the property related to mineral |
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interests. |
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SECTION 2. PROPERTY DESCRIPTION. The Texas Department of |
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Criminal Justice property to be transferred as provided by Section |
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1 of this Act consists of approximately 332 acres, more or less, |
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being part of that 7,424.4 tract or parcel of land conveyed to the |
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Prison Commission of the State of Texas as recorded in Book 145, |
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Page 242 of the Deed Records Brazoria County, Texas, said 332 acres, |
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more or less, being out of the Jared E. Groce grant in Brazoria |
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County, Texas, near Angleton, Texas, bounded by the Brazoria County |
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Airport property to the West and State Highway 288 to the East, the |
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northern boundary being the northern boundary of the said 7,424.4 |
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tract or parcel of land, the southern boundary being the northern |
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boundary of a tract or parcel of land conveyed to RH Retrieve, Ltd. |
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as recorded as Document # 2007018866 in the Official Public Records |
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of Brazoria County, Texas. |
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SECTION 3. AUTHORIZATION FOR TRANSFER. (a) Not later than |
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October 31, 2010, the Texas Department of Criminal Justice shall |
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transfer to the City of Houston the real property specified in |
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Section 4 of this Act, including any improvements affixed to the |
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property. |
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(b) Consideration for the transfer authorized by Subsection |
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(a) of this section shall be in the form of an agreement between the |
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parties that requires the City of Houston to use the property in a |
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manner that primarily promotes a public purpose that benefits the |
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public interest of the state. |
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(c) If the City of Houston fails to use the property in the |
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manner described by an agreement under Subsection (b) of this |
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section for more than 180 continuous days, ownership of the |
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property automatically reverts to the Texas Department of Criminal |
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Justice. |
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(d) The Texas Department of Criminal Justice shall transfer |
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the property to the City of Houston by an appropriate instrument of |
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transfer. The instrument of transfer must include a provision |
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that: |
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(1) requires the City of Houston to use the property in |
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a manner that primarily promotes a public purpose that benefits the |
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public interest of the state; |
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(2) indicates that ownership of the property |
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automatically reverts to the Texas Department of Criminal Justice |
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if the City of Houston no longer uses the property in a manner that |
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primarily promotes a public purpose that benefits the public |
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interest of the state; and |
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(3) excludes from the transfer all mineral interests |
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in and under the property and prohibits any exploration, drilling, |
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or other similar intrusion on the property related to mineral |
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interests. |
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SECTION 4. PROPERTY DESCRIPTION. The Texas Department of |
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Criminal Justice property to be transferred as provided by Section |
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3 of this Act is described as follows: |
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Being a tract or parcel containing 0.0204 acre (888 square |
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feet) of land situated in the H. Reinerman Survey, Abstract Number |
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644, City of Houston, Harris County, Texas, being out of and a part |
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of Tract 1, Block 2 of BROOKHOLLOW/HOUSTON, SECTION ONE, a |
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subdivision of record in Volume 144, Page 79, Harris County Map |
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Records (H.C.M.R.), out of and a part of Tract 2, Block 2 of |
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BROOKHOLLOW/HOUSTON, SECTION TWO, a subdivision of record in Volume |
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148, Page 33, H.C.M.R., and being out of and a part of a called |
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197,847 square foot tract conveyed to the State of Texas Department |
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of Public Safety (State of Texas) by deed recorded under Harris |
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County Clerks File (H.C.C.F.) Number C580248, said 0.0204 acre |
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tract being more particularly described as follows (bearings are |
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oriented to the bearing base reflected in the record plat of said |
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BROOKHOLLOW/HOUSTON, SECTION ONE): |
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BEGINNING at a mag nail found marking the easterly corner of a |
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called 0.0650 acre tract conveyed to the City of Houston by deed |
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recorded under H.C.C.F. Number X311063, said nail marking the |
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northerly corner of the herein described tract; |
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THENCE, South 44°54'53" East, over and across said 197,847 |
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square foot tract, a distance of 17.50 feet to a PK Nail set marking |
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the easterly corner of the herein described tract |
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THENCE, South 45°05'07" West, over and across said 197,847 |
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square foot tract, a distance of 50.75 feet to a PK Nail set marking |
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the southerly corner of the herein described tract; |
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THENCE, North 44°54'53" West, over and across said 197,847 |
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square foot tract, a distance of 17.50 feet to a Mag Nail found |
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marking the southerly corner of said 0.0650 acre tract and marking |
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the westerly corner of the herein described tract; |
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THENCE, North 45°05'07" East, along the southeasterly line of |
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said 0.0650 acre tract, a distance of 50.75 feet to the POINT OF |
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BEGINNING and containing 0.204 acre (888 square feet) of land. |
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SECTION 5. APPROVAL BY TEXAS BOARD OF CRIMINAL JUSTICE. |
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This Act is contingent upon approval by formal resolution of the |
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Texas Board of Criminal Justice. |
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SECTION 6. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2009. |