HBA-ALS H.B. 3383 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3383
By: Hilderbran
Land & Resource Management
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

In 1997, the legislature gave the Upper Guadalupe River Authority (river
authority) charge and control over the property and improvements located at
125 Lehman Drive, Kerrville, Texas. Since assuming control of this
property, the river authority has spent approximately $500,000 to renovate
the property and improvements that are now known as the Guadalupe Basin
Natural Resources Center.  Today, the center serves as the headquarters of
the river authority and houses the river authority's environmental
laboratory and a natural resources teaching center.  Under current law, the
river authority is neither the owner nor the lessee of the property. As a
result of not having a "recognizable" property interest in the natural
resource center, the river authority has experienced problems obtaining
insurance on the property and obtaining grant funding from non-profit
foundations for improvements. 

H.B.  3383 requires the School Land Board (board) to transfer this real
property to the river authority for consideration mutually agreed to by the
parties to be used for a purpose that benefits the public interest of the
state. The bill allows the consideration for the transfer to be in the form
of an agreement to use the property for a purpose that benefits the public
interest of the state, provided however, that if the river authority ceases
to use the property for that purpose, the property automatically reverts
back to the board. 

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.  LEGISLATIVE FINDINGS.  Sets forth legislative findings
regarding the transfer of state property described by Section 4 of this Act
to the Upper Guadalupe River Authority (river authority) serving a
beneficial public purpose of protecting, conserving, and educating the
public about natural resources and the Guadalupe River in Kerr County.   

SECTION 2.  AUTHORIZATION OF TRANSFER BY THE SCHOOL LAND BOARD.  (a)
Requires the School Land Board (board) to transfer the real property
located at 125 Lehmann Drive in Kerrville, Texas, more specifically
described by Section 4 of this Act, to the river authority for
consideration mutually agreed to by the parties.  

(b)  Authorizes the river authority, if the consideration for the transfer
is in the form of an agreement, to use the property for a purpose that
benefits the public interest of the state. Provides that if the
consideration for the transfer is in the form of an agreement and the river
authority no longer uses the property for a purpose that benefits the
public interest of the state, the property automatically reverts to the
board. 

(c)  Requires the board to transfer the property by an appropriate
instrument of transfer. Provides that if the consideration for the transfer
is in the form of an agreement described by Subsection (b) of this section,
the instrument of transfer must include a provision that requires the river
authority to use the property for a purpose that benefits the public
interest of the state and indicates that ownership of the property
automatically reverts to the board  if the river authority no longer uses
the property for a purpose that benefits the public interest of the state.  

(d)  Provides that the state expressly reserves for the benefit of the
permanent school fund the property interest in the minerals in or on the
property described by Section 4 of this Act.  

(e)  Requires the board to retain custody of the instrument of transfer
after the instrument is filed in the real property records of Kerr County.  

SECTION 3. AUTHORIZATION OF TRANSFER BY THE RAILROAD COMMISSION OF TEXAS.
(a) Transfers the charge and control of the state building and grounds
located at 125 Lehmann Drive in Kerrville, Texas, more specifically
described by Section 4 of this Act, from the Railroad Commission of Texas
to the river authority.  

(b)  Requires the Railroad Commission of Texas to transfer to the river
authority all records relating to the building and grounds referred to in
Subsection (a) of this section.  

(c)  Requires the Railroad Commission of Texas to execute a quitclaim deed
transferring any interest the Railroad Commission of Texas has in the real
property described by Section 4 of this Act.  

(d)  Requires the board to retain custody of the quitclaim deed executed by
the Railroad Commission of Texas under this section after the instrument is
filed in the real property records of Kerr County.  

SECTION 4.  PROPERTY DESCRIPTION.  Describes the real property tracts that
are referred to in Sections 2 and 3 of this Act. 

SECTION 5. REPEALER. Chapter 889, Acts of the 75th Legislature, Regular
Session, 1997, is repealed. 
 
SECTION 6.Emergency clause. 
  Effective date: upon passage.