HBA-CBW H.B. 266 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 266
By: Ellis, Dan
Land & Resource Management
3/22/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Department of Criminal Justice (TDCJ) owns a 345.58 acre tract of
primarily undeveloped property located on the northwest corner of FM Road
980 and State Highway 19, which has an appraised value of $640,000.  This
property was used in the past for gravel excavation and as a recreational
area for TDCJ personnel.  Located on the property are cabins,  restroom
facilities, a well house, a fish cleaning shack, and a pavilion, all of
which comprise the former TDCJ recreational campground area.  Also, there
is an existing state archeological landmark located on the premises that
occupies approximately 17 acres of the tract. Currently, none of the
buildings are in use and most are in need of repair.  

TDCJ has expressed that the conveyance of the land would have no adverse
impact on TDCJ.  Sam Houston State University (SHSU) has requested the
conveyance of the acreage for the purpose of operating off-campus
facilities to be used by SHSU staff and students for environmental studies,
educational development, ROTC military science and training, as well as
social and cultural events.  House Bill 266 transfers the designated
property to SHSU and requires SHSU to use the property in a manner that
primarily promotes governmental purposes. 

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. 

ANALYSIS

House Bill 266 requires the Texas Department of Criminal Justice (TDCJ) to
transfer to the Board of Regents of the Texas State University System
certain designated real property for use by Sam Houston State University
not later than January 31, 2002. The bill requires that TDCJ use an
appropriate instrument of transfer to transfer the property. The bill
provides that the instrument of transfer include a provision that requires
Sam Houston State University to use the property in a manner that primarily
promotes a governmental purpose and indicates that if Sam Houston State
University  fails to use the property for such purposes, ownership of the
property will automatically revert to TDCJ. The bill requires that TDCJ
retain custody of the instrument of transfer after the instrument is filed
in the real property records of Walker County. The bill provides a
description of the real property to be transferred. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.