By: Birdwell S.B. No. 2054

(In the Senate - Filed April 14, 2015; April 15, 2015, read first time and referred to Committee on Criminal Justice; April 23, 2015, reported favorably by the following vote: Yeas 7, Nays 0; April 23, 2015, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the transfer of certain state property from the Texas Juvenile Justice Department to the State Orphans Home Alumni Association.

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

SECTION 1. (a) In this Act, "State Orphans Home Alumni Association" means the association of individuals organized to honor the former residents and students of Corsicana State Home in Corsicana, Texas, formerly known as the State Orphans Home.

(b) Not later than January 1, 2016, the Texas Juvenile Justice Department shall donate and transfer to the State Orphans Home Alumni Association the real property described by Subsection (f) of this section.

(c) The State Orphans Home Alumni Association may use the real property transferred under this Act only for a purpose that benefits the public interest of the state by preserving and maintaining the property as a cemetery to commemorate the former residents of the Corsicana State Home, formerly known as the State Orphans Home, who are buried there. If the State Orphans Home Alumni Association uses the property for any purpose other than a purpose described by this subsection, ownership of the property automatically transfers to the State of Texas.

(d) The Texas Juvenile Justice Department shall transfer the real property by an appropriate instrument of transfer. The instrument of transfer must:

(1) provide that:

(A) the State Orphans Home Alumni Association may use the property only for a purpose that benefits the public interest of the state by preserving and maintaining the property as a cemetery to commemorate the former residents of the Corsicana State Home, formerly known as the State Orphans Home, who are buried there; and

(B) ownership of the property will automatically transfer to the State of Texas if the State Orphans Home Alumni Association uses the property for any purpose other than a purpose described by Paragraph (A) of this subdivision; and

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

(e) The General Land Office shall retain custody of the instrument of transfer after the instrument of transfer is filed for recording in the real property records of Navarro County.

(f) The real property referred to in this section is described as follows: A TRACT OF LAND IN THE J. W. WILLIAMS SURVEY ABSTRACT NO. 850 AS LOCATED IN THE CITY OF CORSICANA, NAVARRO COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a State of Texas concrete monument at the southeast corner of a called 278 acre tract described in a deed from TEXAS YOUTH COMMISSION to CORSICANA WALLY LTD. in Volume 1804/148 of the Real Records, Navarro County, Texas; said point being the northeast corner of a called 2.767 acre tract described in a deed from CORSICANA WALLY LTD. TO FUTURE BURGER KING in Volume 2007/5618 of the Deed Records, Navarro County, Texas; THENCE: N 30°31'11" W 1732.07 feet along the southwest right of way line of North 45th Street (a 80' wide right of way) to a 1/2" AW capped IRS for the Point of Beginning of the herein described subject property; THENCE: S 59°28'49" W 235.34 feet departing said right of way to a 1/2" AW capped IRS for the southwest corner of the herein described subject property; THENCE: N 30°31'11" W 139.83' feet to a 1/2" AW capped IRS for the northwest corner of the herein described subject property; THENCE: N 59°28'49" E 235.34 feet to a 1/2" AW capped IRS southwest right of way of North 45th Street for the northeast corner of the herein described subject property; THENCE: S 30°31'11" E to the POINT OF BEGINNING and containing 32,908 sq. ft. or 0.755 acres of land.

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, 2015.

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