BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 3202

81R10187 UM-D                                                                                  By: Bonnen (Jackson, Mike)

                                                                                                                                   Criminal Justice

                                                                                                                                            4/30/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 3202 transfers ownership of approximately 332 acres from the Texas Department of Criminal Justice (TDCJ) to Brazoria County to be used in a way that primarily promotes a public purpose that benefits the public interest of the state. The bill provides that if Brazoria County does not use the land for a public purpose that benefits the interests of  the state for more than 180 continuous days, the ownership of the land automatically reverts to TDCJ.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  AUTHORIZATION FOR TRANSFER.  (a)  Requires the Texas Department of Criminal Justice (TDCJ), not later than January 1, 2010, to transfer to Brazoria County the real property specified in Section 2 of this Act.

 

(b)  Requires that consideration for the transfer authorized by Subsection (a) of this section be in the form of an agreement between the parties that requires Brazoria County to use the property in a manner that primarily promotes a public purpose that benefits the public interest of the state.

 

(c)  Provides that if Brazoria County fails to use the property in the manner described by an agreement under Subsection (b) of this section for more than 180 continuous days, ownership of the property automatically reverts to TDCJ.

 

(d)  Requires TDCJ  to transfer the property to Brazoria County by an appropriate instrument of transfer.  Requires that the instrument of transfer include a provision that requires Brazoria County to use the property in a manner that primarily promotes a public purpose that benefits the public interest of the state; and indicates that ownership of the property automatically reverts to TDCJ if Brazoria County no longer uses the property in a manner that primarily promotes a public purpose that benefits the public interest of the state.

 

SECTION 2.  PROPERTY DESCRIPTION.  Sets forth the description of TDCJ property to be transferred as provided by Section 1 of this Act. 

 

SECTION 3.  Effective date: September 1, 2009.