HBA-DMD H.B. 1593 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1593
By: Ellis, Dan
Land & Resource Management
3/2/1999
Introduced



BACKGROUND AND PURPOSE 

The Walker County Courthouse, built in 1970, has become insufficient to
provide the services required by the county's growing population.  The
Texas Department of Criminal Justice (department) has offered to donate a
building located across the street from the courthouse to Walker County.
H.B. 1593 transfers the property to Walker County, which is authorized to
use it for the benefit of the public interest of the state.  The bill
requires Walker County to sell the property and forward the proceeds to the
department if Walker County ceases to use the building for the benefit of
the public interest. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  (a) Requires the Texas Department of Criminal Justice
(department) to transfer the real property described by Subsection (e) to
Walker County, no later than January 31, 2000. 

(b) Authorizes Walker County (county) to use the transferred property to
benefit the public interest of the state.  Requires the county to sell the
property for fair market value under the procedures provided by Section
272.001 (Notice of Sale or Exchange of Land by Political Subdivision;
Exceptions), Local Government Code, and forward the proceeds to the
department, if the county does not use the property to benefit the public
interest. Requires the department to deposit the proceeds of the sale into
the Texas capital trust fund. 

(c) Requires the department to transfer the property by an appropriate
instrument of transfer (instrument).  Provides that the instrument must
include provisions requiring the county to use the property for the benefit
of the public interest of the state and to sell the property and forward
the proceeds to the department if the county no longer uses the property
for the benefit of the public interest of the state. 

(d) Requires the department to retain custody of the instrument after the
instrument is filed in the real property records of the county. 

(e) Describes the real property referred to in this section.  

SECTION 2.Emergency clause.
  Effective date: upon passage.