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.