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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of certain state real property to the City |
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of San Marcos. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Subject to Section 2 of this Act, not later |
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than January 1, 2018, the State of Texas shall transfer by deed |
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without warranty of title to the City of San Marcos all real |
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property owned by the State of Texas in the bed and along the banks |
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of the San Marcos River located within the city limits of the City |
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of San Marcos as those limits exist on the effective date of this |
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Act. |
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(b) Before the real property described by Subsection (a) of |
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this section may be transferred, a survey of the real property must |
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be conducted by or under the direction of the General Land Office. |
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(c) 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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State of Texas and the City of San Marcos that requires the City of |
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San Marcos to primarily promote a public purpose of the state by |
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providing protection of health and general welfare, providing |
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recreation, beautification, and civic improvement, and providing |
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police protection in the bed and along the banks of the San Marcos |
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River within the city limits of the City of San Marcos. |
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(d) The City of San Marcos shall reimburse the General Land |
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Office for the fees and expenses incurred by the General Land Office |
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in connection with the transfer of the real property under this Act. |
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SECTION 2. (a) Ownership of the property automatically |
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reverts to the State of Texas if the City of San Marcos: |
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(1) fails to promote a public purpose of the state as |
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described by Section 1(c) of this Act; or |
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(2) sells all or any part of the property. |
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(b) The state reserves: |
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(1) the state's interest in all oil, gas, and other |
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minerals in and under the real property described by Section 1 of |
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this Act; |
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(2) the state's right to remove from the real property |
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described by Section 1 of this Act any oil, gas, and other minerals |
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in and under the real property; and |
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(3) the state's right to grant a lease held by the |
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state before a conveyance of real property described by Section 1 of |
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this Act relating to the removal of oil, gas, and other minerals in |
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and under the real property. |
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(c) Sections 31.1571 and 31.158, Natural Resources Code, do |
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not apply to the transfer of real property authorized by this Act. |
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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, 2017. |