BILL ANALYSIS

 

 

 

C.S.H.B. 2895

By: Bonnen, Dennis

Corrections

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

The Texas Department of Criminal Justice currently owns a parcel of land in Brazoria County, near the Brazoria County Airport, that interested parties contend the county needs for a number of reasons relating to the area's development. A preliminary analysis has shown that a large and shallow detention pond is needed for anticipated growth on the existing airport property to ensure that the area drains properly. The interested parties contend that this property is also needed to enable the airport to grow and serve the aviation needs of southern Brazoria County, including Lake Jackson, Angleton, and the coastal area and associated industries. In addition, the parties observe that continued development of the industrial base, along with additions of new industry, will require more area to handle the related aviation needs of these businesses. Finally, the parties contend that this parcel of land will serve to connect the airport to a newly developed commercial and residential area to the south and will allow the airport to enhance its basic water and sewer services through a connection to City of Lake Jackson water and sewer infrastructure. C.S.H.B. 2895 seeks to provide for the sale of this land to the county.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 2895 requires the Texas Board of Criminal Justice, not later than January 1, 2014, to sell to Brazoria County real property as described by the bill at fair market value without the requirement of a sealed bid if the board receives an offer from the county to purchase the property at fair market value and the county acquires the property for a public purpose. The bill requires the sale to exclude all mineral interests in and under the property and requires the deed to contain a provision prohibiting any exploration, drilling, or other similar intrusion on the property related to mineral interests.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2895 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  AUTHORIZATION FOR SALE.  (a)  Not later than January 1, 2014, the Texas Board of Criminal Justice shall sell to Brazoria County the real property specified in Section 2 of this Act at fair market value without the requirement of a sealed bid if:

(1)  the board receives an offer from the county to purchase the property at fair market value; and

(2)  the county acquires the property for a public purpose.

(b)  The sale shall exclude all mineral interests in and under the property, and the deed shall contain a provision prohibiting any exploration, drilling, or other similar intrusion on the property related to mineral interests.

 

SECTION 1. Same as introduced version.

 

 

SECTION 2.  Sets out the boundaries for the Texas Department of Criminal Justice property to be sold as provided by Section 1 of this Act.

SECTION 2. Sets out different boundaries for the Texas Department of Criminal Justice property to be sold as provided by Section 1 of this Act.

 

 

 

SECTION 3.  EFFECTIVE DATE.  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, 2013.

 

SECTION 3. Same as introduced version.