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


Office of House Bill AnalysisC.S.H.B. 266
By: Ellis, Dan
Land & Resource Management
4/6/2001
Committee Report (Substituted)



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.  C.S.H.B.  266 conveys the designated property
to SHSU and requires SHSU to use the property in for 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

C.S.H.B. 266 requires the Texas Board of Criminal Justice (board) to convey
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 the board  to convey the property
by deed without warranty regarding covenants of title. The bill provides
that the deed must include a provision that requires Sam Houston State
University to use the property for a governmental purpose and indicates
that, if Sam Houston State University fails to use the property for a
governmental purpose, title to the property will automatically revert to
the board. The bill requires the board to retain custody of the deed after
the deed 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. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 266 differs from the original bill by requiring the Texas Board of
Criminal Justice (board), rather than the Texas Department of Criminal
Justice, to convey, rather than transfer, the property by deed without
warranty regarding covenants of title, rather than by an appropriate
instrument of transfer, to Sam Houston State University.