S.B. No. 1058
 
 
 
 
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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1058 passed the Senate on
  April 21, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1058 passed the House on
  May 25, 2011, by the following vote:  Yeas 147, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor