HBA-NIK H.B. 1800 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1800
By: Eiland
Land & Resource Management
3/23/1999
Introduced



BACKGROUND AND PURPOSE 

In 1961, the State of Texas sold a 375-acre island off the port of Texas
City to the City of Texas City. The island was referred to at that time as
Snake Island but now is named Shoal Point.  Since that time, the island has
served as a dredge material depository and has grown to over 1000 acres.
Texas City would like to purchase the whole area for future growth.  H.B.
1800 authorizes the state to transfer the title of Shoal Point to the City
of Texas City with certain protective provisions for the state. 

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)  Authorizes the commissioner of the General Land Office
(office), on behalf of the state,  to transfer to the City of Texas City
the right, title, and interest in and to the property described by
Subsection (g). 

(b)  Provides that the transfer authorized by Subsection (a) must be for
cash in an amount no less than the fair market value of the property as
determined by the commissioner of the office after an appraisal performed
by an appraiser employed by the office, and under other terms negotiated in
a purchase and sale agreement between the parties. 

(c)  Provides that the state expressly reserves the property interest in
the minerals in or on the property, including the right to explore and
develop the property for the production of minerals, for the benefit of the
permanent school fund. 

(d)  Provides that, if the City of Texas City transfers or attempts to
transfer title to all or part of the property after the transfer authorized
by Subsection (a), title to the property automatically reverts to the
state. 

(e)  Provides that the title of the City of Texas City to the property
becomes absolute upon payment of the consideration required by Subsection
(b) and is subject only to the reservations provided by this section.
Authorizes the City of Texas City to use, develop, or lease the property
for public or private purposes subject only to applicable provisions of the
Texas Constitution. 

(f)  Provides that Section 31.158 (Real Estate Transaction Authorized by
Legislation), Natural Resource Code, does not apply to the transfer of
property authorized in this section. 

(g)  Sets forth the description of the real property to which Subsection
(a) refers. 

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