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


Office of House Bill AnalysisS.B. 463
By: Ogden
Land & Resource Management
4/21/1999
Committee Report (Amended)



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.

EXPLANATION OF AMENDMENTS

Amendment # 1

Amends S.B. 463 by adding a new SECTION 2, as follows:

 SECTION 2. (a) Requires the Texas Department of Criminal Justice
(department), not later than January 31, 2000, to transfer to Mitchell
County (county) the real property described by Subsection (e) of this
section. 

(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, if it no longer uses the property for a purpose that benefits
the public interest of the state, 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 of 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) Provides that the department shall retain custody of the instrument of
transfer after the instrument of transfer is filed in the real property
records of the county. 

(e) Provides that the real property referred to in this section is a tract
or parcel not to exceed 63.68 ACRES OF LAND OUT OF SECTION 32, BLOCK 26, T
& P RWY. SURVEYS, COLORADO CITY, MITCHELL COUNTY, TEXAS.  Provides the
metes and bounds. 

Redesignates SECTION 2 (emergency clause) as a new SECTION 3.