By: Schwertner (Senate Sponsor - Ogden) H.B. No. 1235

(In the Senate - Received from the House April 27, 2011; May 2, 2011, read first time and referred to Committee on Transportation and Homeland Security; May 17, 2011, reported favorably by the following vote: Yeas 6, Nays 0; May 17, 2011, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the transfer of certain state property from the Texas Department of Transportation to the Parks and Wildlife Department.

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

SECTION 1. (a) Not later than December 31, 2011, the Texas Department of Transportation shall transfer to the Parks and Wildlife Department the real property described by Subsection (d) of this section.

(b) The consideration for the transfer authorized by Subsection (a) of this section is the requirement that the Parks and Wildlife Department use the property transferred only for a public park, a purpose that benefits the public interest of the state. If the Parks and Wildlife Department no longer uses the property for a public park, ownership of the property automatically reverts to the Texas Department of Transportation.

(c) The Texas Department of Transportation 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 Parks and Wildlife Department to use the property for a public park, a purpose that benefits the public interest of the state;

(B) allows the Parks and Wildlife Department to lease the property described by Subsection (d) to the Williamson County Parks and Recreation Department for use as a public park; and

(C) indicates that ownership of the property automatically reverts to the Texas Department of Transportation if the Parks and Wildlife Department no longer uses the property for a public park; and

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

(d) The real property to which Subsection (a) of this section refers is described as follows: A tract of land situated in the Damon Survey, Abstract No. 170, in Williamson County, Texas, being all of that called 6.180 acre tract of land (Tract 7), as shown on that unrecorded plat prepared by KC Engineering dated July 18, 1994, on ten (10) tracts of land out of that called 780.508 acre tract of land conveyed to the State of Texas, State Department of Highways and Public Transportation, by instrument recorded in Volume 1723, Page 855, of the Official Records of Williamson County, Texas.

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, 2011.

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