HBA-NIK S.B. 1168 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1168 By: Wentworth Land & Resource Management 4/30/1999 Engrossed BACKGROUND AND PURPOSE Currently, the School Land Board and the Railroad Commission of Texas own certain real property in Kerr County. S.B.1168 transfers certain state property to the Upper Guadalupe River Authority. 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. Provides that the legislature finds that the transfer of state property described by Section 4 of this Act to the Upper Guadalupe River Authority (authority) serves a public purpose that benefits the public interest of the state by enhancing the efforts and ability of the authority to: _protect and conserve the natural resources of the state in Kerr County, including the Guadalupe River and its tributaries; _protect and preserve water quality within Kerr County, including promoting the development of regional waste water treatment systems and permitting a reduction in the practice of and reliance on on-site sewage facilities harmful to the Guadalupe River and its tributaries; and _educate the public about the natural resources of the state, including the Guadalupe River Basin. 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 authority for consideration mutually agreed to by the parties. (b) Authorizes consideration for the transfer authorized by Subsection (a) to be in the form of an agreement between the parties that requires the authority to use the property for a purpose that benefits the public interest of the state. Authorizes the authority to use the property transferred under this Act only for a purpose that benefits the public interest of the state if the consideration for the transfer is in the form of an agreement described by this section. Provides that ownership of the property automatically reverts to the board if the authority no longer uses the property for a purpose that benefits the public interest of the state if the consideration for the transfer is in the form of an agreement described by this subsection. (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), the instrument of transfer must include a provision that requires the 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 authority no longer uses the property for a purpose that benefits the public interest of the state if the consideration for the transfer is in the form of an agreement described by this subsection. (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. (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) Provides that charge and control of the state building and grounds located at 125 Lehmann Drive in Kerrville, Texas, more specifically described by Section 4, are transferred from the Railroad Commission of Texas (commission) to the authority. (b) Requires the commission to transfer to the authority all records relating to the building and grounds referred to in Subsection (a). (c) Requires the commission to execute a quitclaim deed transferring any interest the commission has in the real property described by Section 4. (d) Requires the board to retain custody of the quitclaim deed executed by the commission after the instrument is filed in the real property records of Kerr County. SECTION 4. PROPERTY DESCRIPTION. Sets forth the description of the real property to which Sections 2 and 3 refer. SECTION 5. Repealer: Chapter 889, Acts of the 75th Legislature, Regular Session, 1997.