By: Morrison (Senate Sponsor - Kolkhorst) H.B. No. 3636

(In the Senate - Received from the House April 23, 2019; April 29, 2019, read first time and referred to Committee on Criminal Justice; May 17, 2019, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 0; May 17, 2019, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 3636 By: Whitmire

A BILL TO BE ENTITLED

AN ACT

relating to the transfer of jurisdiction over and management of the Star of the Republic Museum to the Texas Historical Commission and the transfer of certain state property from the Texas Department of Criminal Justice to DeWitt County.

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

SECTION 1. Chapter 442, Government Code, is amended by adding Subchapter B-1 to read as follows:

SUBCHAPTER B-1. STAR OF THE REPUBLIC MUSEUM

Sec. 442.061. DEFINITION. In this subchapter, "museum" means the Star of the Republic Museum.

Sec. 442.062. JURISDICTION AND MAINTENANCE OF MUSEUM. (a) The museum and its contents are under the jurisdiction of the Texas Historical Commission. The commission is responsible for the preservation, maintenance, and operation of the museum.

(b) Notwithstanding Subsection (a), Blinn College District maintains ownership of the museum, the land on which the museum is located, and the artifacts in the museum.

(c) Except as provided by Subsection (b), any power or duty related to the museum formerly vested in any other state agency or entity is vested solely in the commission.

(d) The commission shall, in coordination with an advisory committee appointed by the board of trustees of the Blinn College District, promote the educational and public awareness programs at the museum, the Washington-on-the-Brazos State Historic Site, and the Barrington Living History Farm.

Sec. 442.063. GRANTS; DONATIONS. The commission may accept a grant or donation for any program or purpose of the museum.

SECTION 2. (a) On January 1, 2020, the following are transferred to the Texas Historical Commission:

(1) all powers and duties of Blinn College District relating to the Star of the Republic Museum;

(2) all unobligated and unexpended funds appropriated, donated, or contributed to Blinn College District designated for the administration of any part of the Star of the Republic Museum; and

(3) all files and other records of Blinn College District kept by Blinn College District regarding the Star of the Republic Museum.

(b) Notwithstanding any other law, Blinn College District shall continue to perform functions and activities related to the Star of the Republic Museum until January 1, 2020, and the former law is continued in effect for that purpose.

SECTION 3. (a) Not later than December 31, 2029, and subject to Subsections (b), (c), and (d) of this section, the Texas Board of Criminal Justice shall transfer to DeWitt County the real property described by Subsection (e) of this section.

(b) The transfer authorized by Subsection (a) of this section must be for consideration in an amount not less than the fair market value of the property. The historical fair market value of the real property as of December 2, 1992, shall be offered to establish the fair market value of the property.

(c) The General Land Office shall negotiate and close a transaction under this section on behalf of the Texas Board of Criminal Justice.

(d) Section 31.158, Natural Resources Code, does not apply to a transaction under this section.

(e) The real property held by the Texas Department of Criminal Justice is land being situated in DeWitt County, Texas, and more particularly described as follows: BEING all that certain parcel or tract containing 100.00 Acres of land out of the Samuel Lockhart League A-28 located in DeWitt County, Texas, and being out of the easterly portion of a called 464.03-Acre tract described in deed to the Texas Department of Criminal Justice-State of Texas from the City of Cuero recorded in Vol. 360 Page 139 in the deed records of said County; Said 100.00-Acre tract being bounded as follows:

1. On the north, by the northerly line of a said 464.03-Acre tract;

2. One the east, by the easterly line of said 464.03-Acre tract;

3. On the south, by the southerly line of said 464.03-Acre tract;

4. On the west, by a line being perpendicular to the southerly line of said 464.03-Acre tract, at a location sufficiently west of the easterly line of said 464.03-Acre tract so as to include exactly 100.00 Acres of land.

SECTION 4. 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, 2019.

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