H.B. No. 3202
 
 
 
 
AN ACT
  relating to authorizing the transfer of certain real property held
  by the Texas Department of Criminal Justice.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  AUTHORIZATION FOR TRANSFER.  (a)  Not later than
  January 1, 2010, the Texas Department of Criminal Justice shall
  transfer to Brazoria County the real property specified in Section
  2 of this Act.
         (b)  Consideration for the transfer authorized by Subsection
  (a) of this section shall 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)  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 the Texas Department of Criminal
  Justice.
         (d)  The Texas Department of Criminal Justice shall transfer
  the property to Brazoria County by an appropriate instrument of
  transfer. The instrument of transfer must include:
               (1)  a provision that:
                     (A)  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
                     (B)  indicates that ownership of the property
  automatically reverts to the Texas Department of Criminal Justice
  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; and
               (2)  a provision that:
                     (A)  excludes from the transfer all mineral
  interests in and under the property; and
                     (B)  prohibits any exploration, drilling, or
  other similar intrusion on the property related to mineral
  interests.
         SECTION 2.  PROPERTY DESCRIPTION.  The Texas Department of
  Criminal Justice property to be transferred as provided by Section
  1 of this Act consists of approximately 332 acres, more or less,
  being part of that 7,424.4 tract or parcel of land conveyed to the
  Prison Commission of the State of Texas as recorded in Book 145,
  Page 242 of the Deed Records Brazoria County, Texas, said 332 acres,
  more or less, being out of the Jared E. Groce grant in Brazoria
  County, Texas, near Angleton, Texas, bounded by the Brazoria County
  Airport property to the West and State Highway 288 to the East, the
  northern boundary being the northern boundary of the said 7,424.4
  tract or parcel of land, the southern boundary being the northern
  boundary of a tract or parcel of land conveyed to RH Retrieve, Ltd.
  as recorded as Document # 2007018866 in the Official Public Records
  of Brazoria County, Texas.
         SECTION 3.  AUTHORIZATION FOR TRANSFER.  (a)  Not later than
  October 31, 2010, the Texas Department of Criminal Justice shall
  transfer to the City of Houston the real property specified in
  Section 4 of this Act, including any improvements affixed to the
  property.
         (b)  Consideration for the transfer authorized by Subsection
  (a) of this section shall be in the form of an agreement between the
  parties that requires the City of Houston to use the property in a
  manner that primarily promotes a public purpose that benefits the
  public interest of the state.
         (c)  If the City of Houston 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 the Texas Department of Criminal
  Justice.
         (d)  The Texas Department of Criminal Justice shall transfer
  the property to the City of Houston by an appropriate instrument of
  transfer. The instrument of transfer must include:
               (1)  a provision that:
                     (A)  requires the City of Houston to use the
  property in a manner that primarily promotes a public purpose that
  benefits the public interest of the state; and
                     (B)  indicates that ownership of the property
  automatically reverts to the Texas Department of Criminal Justice
  if the City of Houston no longer uses the property in a manner that
  primarily promotes a public purpose that benefits the public
  interest of the state; and
               (2)  a provision that:
                     (A)  excludes from the transfer all mineral
  interests in and under the property; and
                     (B)  prohibits any exploration, drilling, or
  other similar intrusion on the property related to mineral
  interests.
         SECTION 4.  PROPERTY DESCRIPTION.  The Texas Department of
  Criminal Justice property to be transferred as provided by Section
  3 of this Act is described as follows:
         Being a tract or parcel containing 0.0204 acre (888 square
  feet) of land situated in the H. Reinerman Survey, Abstract Number
  644, City of Houston, Harris County, Texas, being out of and a part
  of Tract 1, Block 2 of BROOKHOLLOW/HOUSTON, SECTION ONE, a
  subdivision of record in Volume 144, Page 79, Harris County Map
  Records (H.C.M.R.), out of and a part of Tract 2, Block 2 of
  BROOKHOLLOW/HOUSTON, SECTION TWO, a subdivision of record in Volume
  148, Page 33, H.C.M.R., and being out of and a part of a called
  197,847 square foot tract conveyed to the State of Texas Department
  of Public Safety (State of Texas) by deed recorded under Harris
  County Clerks File (H.C.C.F.) Number C580248, said 0.0204 acre
  tract being more particularly described as follows (bearings are
  oriented to the bearing base reflected in the record plat of said
  BROOKHOLLOW/HOUSTON, SECTION ONE):
         BEGINNING at a mag nail found marking the easterly corner of a
  called 0.0650 acre tract conveyed to the City of Houston by deed
  recorded under H.C.C.F. Number X311063, said nail marking the
  northerly corner of the herein described tract;
         THENCE, South 44°54'53" East, over and across said 197,847
  square foot tract, a distance of 17.50 feet to a PK Nail set marking
  the easterly corner of the herein described tract
         THENCE, South 45°05'07" West, over and across said 197,847
  square foot tract, a distance of 50.75 feet to a PK Nail set marking
  the southerly corner of the herein described tract;
         THENCE, North 44°54'53" West, over and across said 197,847
  square foot tract, a distance of 17.50 feet to a Mag Nail found
  marking the southerly corner of said 0.0650 acre tract and marking
  the westerly corner of the herein described tract;
         THENCE, North 45°05'07" East, along the southeasterly line of
  said 0.0650 acre tract, a distance of 50.75 feet to the POINT OF
  BEGINNING and containing 0.204 acre (888 square feet) of land.
         SECTION 5.  EFFECTIVE DATE. 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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3202 was passed by the House on April
  22, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3202 on May 29, 2009, by the following vote:  Yeas 141, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3202 was passed by the Senate, with
  amendments, on May 26, 2009, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor