By: Nichols S.B. No. 1058

A BILL TO BE ENTITLED

AN ACT

relating to the transfer of certain state property from the Department of Aging and Disability Services to the Angelina and Neches River Authority.

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

SECTION 1. (a) The Department of Aging and Disability Services shall transfer to the Angelina and Neches River Authority the real property described by Section 2 of this Act:

(1) including improvements to the property; and

(2) excluding the mineral interests in and under the property.

(b) Consideration for the transfer authorized by Subsection (a) of this section shall be in the form of an agreement between the Department of Aging and Disability Services and the Angelina and Neches River Authority that requires the Angelina and Neches River Authority to use the property in a manner that primarily promotes a public purpose of the state by using the property to manage water resources.

(c) If the Angelina and Neches River Authority fails to use the property in the manner described by an agreement under Subsection (b) of this section for more than 180 continuous days, ownership of the property automatically reverts to the Department of Aging and Disability Services.

(d) The Department of Aging and Disability Services shall transfer the property by a deed that:

(1) describes the property to be transferred by metes and bounds;

(2) is without warranties regarding covenants of title;

(3) includes a provision that:

(A) requires the Angelina and Neches River Authority to use the property in a manner that primarily promotes a public purpose of the state by using the property to manage water resources; and

(B) indicates that ownership of the property automatically reverts to the Department of Aging and Disability Services if the Angelina and Neches River Authority fails to use the property as described by Subsection (b) of this section for more than 180 continuous days; and

(4) reserves the state's interest in and right to remove all oil, gas, and other minerals in and under the real property described by Section 2 of this Act.

(e) Sections 533.084 and 533.087, Health and Safety Code, and Sections 31.1571 and 31.158, Natural Resources Code, do not apply to a transfer of real property authorized by this Act.

SECTION 2. The Department of Aging and Disability Services shall transfer to the Angelina and Neches River Authority the real property described as follows: Being all that certain tract or parcel of land lying and situated in Angelina County, Texas and being in the John D. Gann Survey, Abstract No. 291, being a part or portion of that certain called ' Tract No. One' as recorded in the Deed Records of Angelina County, Texas (DROACT) in volume 288 on page 50 from Angelina Chamber of Commerce to The State of Texas, dated November 21, 1963, to which reference is hereby made for any and all purposes, and being more fully described by metes and bounds as follows to-wit:

Commencing at a 1/2 in. iron pipe found for the Southwest corner of the aforesaid referred to 'Tract No. One', said point being the Southeast corner of a called 9.6519 acre tract of TV - 3, Inc., as recorded in the DROACT in volume 763 on page 422, said point being the POINT OF BEGINNING and from which point, a 1/2 in. iron pipe found for angle corner on the East boundary line of said 9.6519 acre tract, bears N 22° 45' 00" E - 533.08 feet;

Thence with the West boundary line of said 'Tract No. One' and East boundary line of the said 9.6519 acre tract, N 22° 45' 00" E, at a distance of 85.29 feet, a point for corner;

Thence across the said 'Tract No. One' and along a line 20 feet parallel to a chain link fence along the Northeastern enclosure of a Sanitary Sewer Lift Station, S 37° 11' 39" E, at a distance of 98.74 feet, intersect the South boundary line of the said 'Tract No. One', a point for corner;

Thence with the South boundary line of the said 'Tract No. One' and with in part the North boundary line of that certain called 3.07 acre tract of the State of Texas as recorded in the DROACT in volume 260 on page 215, called 'Tract 4', N 90° 00' 00" W, at a distance of 92.68 feet, the POINT OF BEGINNING, said described tract containing 0.08368 acre, more or less. (note: the base bearing for this metes and bounds description is the West line of the said State of Texas 'Tract No. One' as recorded in volume 288 on page 50 of the Deed Records of Angelina County, Texas (N 22° 45' 0" E)).

SECTION 3. 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.