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AN ACT
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relating to the transfer of certain state property from the |
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Department of Aging and Disability Services to the Angelina and |
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Neches River Authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The Department of Aging and Disability |
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Services shall transfer to the Angelina and Neches River Authority |
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the real property described by Section 2 of this Act: |
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(1) including improvements to the property; and |
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(2) excluding the mineral interests in and under 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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Department of Aging and Disability Services and the Angelina and |
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Neches River Authority that requires the Angelina and Neches River |
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Authority to use the property in a manner that primarily promotes a |
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public purpose of the state by using the property to manage water |
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resources. |
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(c) If the Angelina and Neches River Authority fails to use |
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the property in the manner described by an agreement under |
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Subsection (b) of this section for more than 180 continuous days, |
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ownership of the property automatically reverts to the Department |
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of Aging and Disability Services. |
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(d) The Department of Aging and Disability Services shall |
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transfer the property by a deed that: |
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(1) describes the property to be transferred by metes |
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and bounds; |
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(2) is without warranties regarding covenants of |
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title; |
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(3) includes a provision that: |
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(A) requires the Angelina and Neches River |
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Authority to use the property in a manner that primarily promotes a |
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public purpose of the state by using the property to manage water |
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resources; and |
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(B) indicates that ownership of the property |
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automatically reverts to the Department of Aging and Disability |
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Services if the Angelina and Neches River Authority fails to use the |
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property as described by Subsection (b) of this section for more |
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than 180 continuous days; and |
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(4) reserves the state's interest in and right to |
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remove all oil, gas, and other minerals in and under the real |
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property described by Section 2 of this Act. |
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(e) Sections 533.084 and 533.087, Health and Safety Code, |
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and Sections 31.1571 and 31.158, Natural Resources Code, do not |
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apply to a transfer of real property authorized by this Act. |
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SECTION 2. The Department of Aging and Disability Services |
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shall transfer to the Angelina and Neches River Authority the real |
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property described as follows: |
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Being all that certain tract or parcel of land lying and situated in |
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Angelina County, Texas and being in the John D. Gann Survey, |
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Abstract No. 291, being a part or portion of that certain called ' |
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Tract No. One' as recorded in the Deed Records of Angelina County, |
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Texas (DROACT) in volume 288 on page 50 from Angelina Chamber of |
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Commerce to The State of Texas, dated November 21, 1963, to which |
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reference is hereby made for any and all purposes, and being more |
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fully described by metes and bounds as follows to-wit: |
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Commencing at a 1/2 in. iron pipe found for the Southwest |
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corner of the aforesaid referred to 'Tract No. One', said point |
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being the Southeast corner of a called 9.6519 acre tract of TV - 3, |
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Inc., as recorded in the DROACT in volume 763 on page 422, said |
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point being the POINT OF BEGINNING and from which point, a 1/2 in. |
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iron pipe found for angle corner on the East boundary line of said |
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9.6519 acre tract, bears N 22° 45' 00" E - 533.08 feet; |
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Thence with the West boundary line of said 'Tract No. One' and |
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East boundary line of the said 9.6519 acre tract, N 22° 45' 00" E, at |
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a distance of 85.29 feet, a point for corner; |
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Thence across the said 'Tract No. One' and along a line 20 |
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feet parallel to a chain link fence along the Northeastern |
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enclosure of a Sanitary Sewer Lift Station, S 37° 11' 39" E, at a |
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distance of 98.74 feet, intersect the South boundary line of the |
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said 'Tract No. One', a point for corner; |
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Thence with the South boundary line of the said 'Tract No. |
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One' and with in part the North boundary line of that certain called |
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3.07 acre tract of the State of Texas as recorded in the DROACT in |
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volume 260 on page 215, called 'Tract 4', N 90° 00' 00" W, at a |
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distance of 92.68 feet, the POINT OF BEGINNING, said described |
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tract containing 0.08368 acre, more or less. (note: the base |
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bearing for this metes and bounds description is the West line of |
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the said State of Texas 'Tract No. One' as recorded in volume 288 on |
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page 50 of the Deed Records of Angelina County, Texas (N 22° 45' 0" |
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E)). |
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SECTION 3. 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, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1058 passed the Senate on |
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April 21, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1058 passed the House on |
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May 25, 2011, by the following vote: Yeas 147, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |