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AN ACT
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relating to the authority of the General Land Office to accept |
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grants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.065, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 31.065. AUTHORITY TO ACCEPT GRANTS, GIFTS, DEVISES, |
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TRUSTS, AND BEQUESTS. (a) In the absence of any law to the contrary, |
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the commissioner may, if he determines it to be in the best interest |
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of the state, accept grants, gifts, devises, or bequests, either |
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absolutely or in trust, of money or real or personal property on |
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behalf of the state. Real property so acquired by the state becomes |
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public free school land unless the person making the grant, gift, |
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devise, or bequest provides that the real property is to be |
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possessed, administered, or used by a particular state agency, |
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board, commission, department, or other particular state entity. |
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(b) Under Subsection (a) of this section, the commissioner |
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may accept a grant, gift, devise, or bequest even if it is |
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encumbered, restricted, or subject to a beneficial interest of |
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private persons or corporations as long as any current or future use |
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or interest in the grant, gift, devise, or bequest is for the |
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benefit of the state. |
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(c) If the commissioner determines that the real property |
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acquired by the state by grant, gift, devise, or bequest is not |
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suitable for the purpose for which the grant, gift, devise, or |
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bequest was originally made, the commissioner together with the |
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agency, board, commission, department, or other state entity |
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designated to possess, administer, or use the real property may |
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exchange the real property for real property that is suitable for |
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such purpose. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1138 was passed by the House on March |
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15, 2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1138 was passed by the Senate on May |
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17, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |