HBA-NIK S.B. 463 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 463
By: Ogden
Land & Resource Management
4/15/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, Walker County is in need of office space for certain
governmental departments and judicial services.  The Texas Department of
Criminal Justice has offered to donate a building across from the Walker
County Courthouse in order to alleviate Walker County's office space
problems. S.B. 463 transfers certain state property from the Texas
Department of Criminal Justice to Walker County. 

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 to Walker County (county) the real property
described by Subsection (e) of this section not later than January 31,
2000. 

(b) Authorizes the county to use the property transferred under this Act
only for a purpose that benefits 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 received from the sale to the department.  Requires the
department to deposit proceeds received from the sale of the property as
provided by this subsection in the Texas capital trust fund. 

(c) Requires the department to transfer the property by an appropriate
instrument of transfer.  Provides that the instrument of transfer must
include a provision that requires the county to use the property only for a
purpose that benefits the public interest of the state, and requires the
county to sell the property and forward the proceeds of the sale to the
department as provided by Subsection (b) of this section if the county no
longer uses the property for a purpose that benefits the public interest of
the state. 

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

(e) Sets forth the legal description of the property to be transferred.

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