85R6670 MTB/BEE-F     By: Pickett H.B. No. 3689       A BILL TO BE ENTITLED   AN ACT   relating to the authority of the Texas Department of Motor Vehicles   over real property, including the transfer of specific property   from the Texas Department of Transportation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2165.007(b), Government Code, as amended   by Chapters 247 (S.B. 836) and 932 (H.B. 2206), Acts of the 84th   Legislature, Regular Session, 2015, is reenacted and amended to   read as follows:          (b)  Notwithstanding any other law, the commission shall   provide facilities management services in relation to all state   agency facilities in Travis County or a county adjacent to Travis   County.  The commission's duty does not apply to:                (1)  a facility owned or operated by an institution of   higher education;                (2)  military facilities;                (3)  facilities owned or operated by the Texas   Department of Criminal Justice;                (4)  facilities owned or operated by the Texas Juvenile   Justice Department;                (5)  facilities owned or operated by the Texas   Department of Transportation;                (6)  the Capitol, including the Capitol Extension, the   General Land Office building, the Bob Bullock Texas State History   Museum, any museum located on the Capitol grounds, the Governor's   Mansion, and any property maintained by the Texas Historical   Commission under Sections 442.0072 and 442.0073;                (7)  a facility determined by the commission to be   completely residential;                (8)  a regional or field office of a state agency;                (9)  a facility located within or on state park   property;                (10)  the property known as the Finance Commission   Building described by deed recorded in Volume 5080, Page 1099, of   the Deed Records of Travis County, Texas;                (11)  the property known as the Credit Union Department   Building described by deed recorded in Volume 6126, Page 27, of the   Deed Records of Travis County, Texas; [or]                (12)  the property known as the Texas State Cemetery   described as 17.376 acres located at 801 Comal, Lot 5, Division B,   City of Austin, Travis County, Texas; or                (13)  facilities owned or operated by the Texas   Department of Motor Vehicles.          SECTION 2.  Section 2166.003(a), Government Code, is amended   to read as follows:          (a)  Unless otherwise provided, this chapter does not apply   to:                (1)  a project constructed by and for the Texas   Department of Transportation;                (2)  a project constructed by and for a state   institution of higher education;                (3)  a pen, shed, or ancillary building constructed by   and for the Department of Agriculture for the processing of   livestock before export;                (4)  a project constructed by the Parks and Wildlife   Department;                (5)  a repair or rehabilitation project, except a major   renovation, of buildings and grounds on the commission inventory;                (6)  a repair and rehabilitation project of another   using agency, if all labor for the project is provided by the   regular maintenance force of the using agency under specific   legislative authorization and the project does not require the   advance preparation of working plans or drawings;                (7)  a repair and rehabilitation project involving the   use of contract labor, if the project has been excluded from this   chapter by commission rule and does not require the advance   preparation of working plans or drawings;                (8)  an action taken by the Texas Commission on   Environmental Quality under Subchapter F or I, Chapter 361, Health   and Safety Code;                (9)  a repair, rehabilitation, or construction project   on property owned by the Texas Department of Housing and Community   Affairs or the Texas State Affordable Housing Corporation;                (10)  a project constructed by and for the Veterans'   Land Board; [or]                (11)  a project constructed by and for the Texas   Historical Commission; or                (12)  a project constructed by and for the Texas   Department of Motor Vehicles.          SECTION 3.  Section 2167.001(b), Government Code, is amended   to read as follows:          (b)  This chapter does not apply to:                (1)  radio antenna space;                (2)  residential space for a Texas Department of Mental   Health and Mental Retardation program;                (3)  residential space for a Texas Juvenile Justice   Department program;                (4)  space to be used for less than one month for   meetings, conferences, conventions, seminars, displays,   examinations, auctions, or similar purposes;                (5)  district office space for members of the   legislature;                (6)  space used by the Texas Workforce Commission;                (7)  residential property acquired by the Texas   Department of Housing and Community Affairs or the Texas State   Affordable Housing Corporation that is offered for sale or rental   to individuals and families of low or very low income or families of   moderate income;                (8)  except as provided by Section 2167.007, space for   a university system or institution of higher education; [or]                (9)  space leased by the Texas Veterans Commission to   administer the veterans employment services program; or                (10)  space for the Texas Department of Motor Vehicles.          SECTION 4.  Chapter 1001, Transportation Code, is amended by   adding Subchapter F to read as follows:   SUBCHAPTER F. AUTHORITY REGARDING REAL PROPERTY          Sec. 1001.201.  OWNERSHIP, CONTROL, MAINTENANCE,   IMPROVEMENT, AND DISPOSITION OF REAL PROPERTY. (a)   Notwithstanding Chapters 2165, 2166, and 2167, Government Code, or   any other law, the department may own, control, manage, maintain,   improve, lease, pledge, encumber, trade, sell, transfer, and   otherwise dispose of real property, including improvements.          (b)  If requested by the department, the General Land Office   shall negotiate and close a sale of real property under this section   on behalf of the department using procedures under Section   31.158(c), Natural Resources Code, except that the General Land   Office is not required to offer the School Land Board the first   option to purchase the real property.          (c)  Revenue from the lease, encumbrance, sale, trade,   transfer, or other disposition of real property under this section   shall be deposited to the credit of the Texas Department of Motor   Vehicles fund for the use and benefit of the department.          (d)  The expenses incurred by the General Land Office in   conducting a real estate transaction under this section, including   the payment of reasonable brokerage fees, may be deducted from the   proceeds of the transaction before the proceeds are deposited to   the credit of the Texas Department of Motor Vehicles fund.          Sec. 1001.202.  CONTRACT AUTHORITY. (a) Notwithstanding   Chapters 2165, 2166, and 2167, Government Code, or any other law,   the department may enter into a contract regarding the management,   maintenance, design, construction, rehabilitation, repair,   renovation, improvement, inspection, lease, pledge, encumbrance,   trade, sale, transfer, or other disposition of real property,   including improvements, under this subchapter.          (b)  The department shall comply with the requirements and   processes in Chapters 2165, 2166, and 2167, Government Code, to the   extent feasible, except that the department shall comply with a   requirement that expressly applies to a state agency that is exempt   from Chapter 2166, Government Code, under Section 2166.003 of that   code. Although the department is not required to use the services   of the Texas Facilities Commission, the department may use services   provided under Sections 2165.056, 2166.005, and 2167.007,   Government Code.   SECTION 5.  (a) The Texas Department of Transportation may   donate and transfer all or part of the property described by   Subsection (e) of this section to the Texas Department of Motor   Vehicles.          (b)  The Texas Department of Motor Vehicles may use the   property transferred under this Act only for a purpose that   benefits the public interest of the state. If the Texas Department   of Motor Vehicles uses the property for any purpose other than a   purpose described by this subsection, ownership of the property   automatically reverts to the Texas Department of Transportation.          (c)  The Texas Department of Transportation must transfer   any property under Subsection (a) of this section by an appropriate   transfer instrument. The transfer instrument must include:                (1)  a provision that:                      (A)  requires the Texas Department of Motor   Vehicles to use the property for a purpose that benefits the public   interest of the state; and                      (B)  indicates that ownership of the property   automatically reverts to the Texas Department of Transportation if   the Texas Department of Motor Vehicles no longer uses the property   for a purpose that benefits the public interest of the state; and                (2)  a legal description of the property to be   transferred.          (d)  The Texas Department of Motor Vehicles is responsible   for the recordation of the transfer instrument.          (e)  The real property to which Subsection (a) of this   section refers consists of the following two tracts of land:     BEING A 7.5138 ACRES [327,300 SQUARE FEET] TRACT OF LAND, MORE OR   LESS, IN THE WILLIAM PORTER SURVEY, ABSTRACT NO. 7, GEORGE W. SPEAR   LEAGUE, CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF   A TRACT OF LAND DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN   BOOK 261, PAGE 134 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS   (D.R.T.C.T.), SAID 7.5138 ACRE TRACT OF LAND BEING MORE   PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:   BEGINNING AT A 1/2 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF   SAID STATE OF TEXAS TRACT, SAME BEING IN THE WEST RIGHT-OF-WAY   (R.O.W.) LINE OF JACKSON STREET (A VARIABLE WIDTH R.O.W.), HAVING A   SURFACE COORDINATE OF NORTH 10,088,522.008, EAST 3,110,296.848;          1)  THENCE SOUTH 04°31'15" WEST ALONG THE EAST LINE OF SAID   STATE OF TEXAS TRACT AND THE COMMON WEST R.O.W LINE OF SAID JACKSON   STREET, A DISTANCE OF 951.21 FEET TO A MAG NAIL WITH WASHER STAMPED   "LAMB-STAR TBPLS#10048300" SET IN ASPHALT;          2)  THENCE NORTH 85°29'55" WEST DEPARTING SAID COMMON LINE   AND OVER AND ACROSS SAID STATE OF TEXAS TRACT, A DISTANCE OF 323.74   FEET TO A 3 1/4 INCH ALUMINUM DISC STAMPED "TEXAS DEPT OF   TRANSPORTATION" SET IN CONCRETE IN THE WEST LINE OF SAID STATE OF   TEXAS TRACT, SAME BEING THE EAST R.O.W. LINE OF MO-PAC EXPRESSWAY   (LOOP 1, VARIABLE WIDTH R.O.W.) DESCRIBED IN DEED TO THE STATE OF   TEXAS, RECORDED IN VOLUME 6823, PAGE 637 D.R.T.C.T.;          3)  THENCE NORTH 03°23'50" EAST ALONG THE WEST LINE OF SAID   STATE OF TEXAS TRACT AND THE COMMON EAST R.O.W LINE OF SAID MO-PAC   EXPRESSWAY (LOOP 1), A DISTANCE OF 6.95 FEET TO A 4 INCH BRASS DISC   STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN   CONCRETE;          4)  THENCE NORTH 04°49'47" EAST CONTINUING ALONG SAID COMMON   LINE, A DISTANCE OF 1080.01 FEET TO A 4 INCH BRASS DISC STAMPED   "TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE FOR THE   NORTHWEST CORNER OF SAID STATE OF TEXAS TRACT, SAME BEING THE SOUTH   LINE OF WESTMINSTER MANOR LOT 1, BLOCK A, AN ADDITION TO THE CITY OF   AUSTIN, ACCORDING TO THE PLAT THEREOF RECORDED IN INSTRUMENT NUMBER   200600340 D.R.T.C.T., FROM WHICH A 4 INCH BRASS DISC STAMPED "TEXAS   DEPARTMENT OF TRANSPORTATION R.O.W." FOUND BEARS NORTH 62°07'46"   WEST, A DISTANCE OF 12.91 FEET;          5)  THENCE SOUTH 62° 23' 09" EAST DEPARTING SAID COMMON LINE   AND ALONG THE NORTH LINE OF SAID STATE OF TEXAS TRACT AND THE COMMON   SOUTH LINE OF SAID WESTMINSTER MANOR LOT 1, BLOCK A, A DISTANCE OF   345.76 FEET TO THE POINT OF BEGINNING AND CONTAINING 7.5138 ACRES   [327,300 SQUARE FEET] OF LAND, MORE OR LESS.   TRACT 2   BEING A 7.5823 ACRES [330,284 SQUARE FEET] TRACT OF LAND, MORE OR   LESS, IN THE WILLIAM PORTER SURVEY, ABSTRACT NO. 7, GEORGE W. SPEAR   LEAGUE, CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF   A TRACT OF LAND DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN   BOOK 261, PAGE 134 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS   (D.R.T.C.T,), SAID 7.5138 ACRE TRACT OF LAND BEING MORE   PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:   COMMENCING AT A 1/2 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF   SAID STATE OF TEXAS TRACT, SAME BEING IN THE WEST RIGHT-OF-WAY   (R.O.W.) LINE OF JACKSON STREET (A VARIABLE WIDTH R.O.W.);   THENCE SOUTH 04°31'15" WEST ALONG THE EAST LINE OF SAID STATE OF   TEXAS TRACT AND THE COMMON WEST R.O.W LINE OF SAID JACKSON STREET, A   DISTANCE OF 951.21 FEET TO A MAG NAIL WITH WASHER STAMPED "LAMB-STAR   TBPLS#10048300" SET IN ASPHALT FOR THE POINT OF BEGINNING, HAVING A   SURFACE COORDINATE OF NORTH 10,087,573.756, EAST 3,110,221.872;          1)  THENCE SOUTH 04°31'15" WEST CONTINUING ALONG SAID COMMON   LINE, PASSING A 4 INCH BRASS DISC STAMPED "TEXAS HIGHWAY DEPARTMENT   R.O.W." FOUND, AT A DISTANCE OF 636.60 FEET, CONTINUING IN ALL A   TOTAL DISTANCE OF 1043.34 FEET TO A 4 INCH BRASS DISC STAMPED "TEXAS   DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE IN THE NEW   NORTH R.O.W. LINE OF WEST 35TH STREET (AVARIABLE WIDTH R.O.W.)   DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN VOLUME 6823,   PAGE 637 D.R.T.C.T.;          2)  THENCE NORTH 80°50'24" WEST DEPARTING SAID COMMON LINE   AND OVER AND ACROSS SAID STATE OF TEXAS TRACT AND ALONG THE NEW   NORTH R.O.W. LINE OF WEST 35TH STREET, A DISTANCE OF 320.77 FEET TO   A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION   R.O.W." SET IN CONCRETE IN THE WEST LINE OF SAID STATE OF TEXAS   TRACT, SAME BEING THE EAST R.O.W. LINE OF MO-PAC EXPRESSWAY (LOOP 1,   VARIABLE WIDTH R.O.W.) DESCRIBED IN DEED TO THE STATE OF TEXAS,   RECORDED IN VOLUME 6823, PAGE 637 D.R.T.C.T.;          3)  THENCE NORTH 04°01'11" EAST ALONG THE WEST LINE OF SAID   STATE OF TEXAS TRACT AND THE COMMON EAST R.O.W LINE OF SAID MO-PAC   EXPRESSWAY (LOOP 1), A DISTANCE OF 374.34 FEET TO A 4 INCH BRASS   DISC STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN   CONCRETE;          4)  THENCE NORTH 05°50'15" EAST CONTINUING ALONG SAID COMMON   LINE, A DISTANCE OF 205.75 FEET TO A 4 INCH BRASS DISC STAMPED   "TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE;          5)  THENCE NORTH 04°49'47" EAST CONTINUING ALONG SAID COMMON   LINE, A DISTANCE OF 124.25 FEET TO A 4 INCH BRASS DISC STAMPED   "TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE;          6)  THENCE NORTH 03°23'50" EAST CONTINUING ALONG SAID COMMON   LINE, A DISTANCE OF 313.07 FEET TO A 3 1/4 INCH ALUMINUM DISC   STAMPED "TEXAS DEPT OF TRANSPORTATION" SET IN CONCRETE;          7)  THENCE SOUTH 85° 29' 55" EAST DEPARTING SAID COMMON LINE   AND OVER AND ACROSS SAID STATE OF TEXAS TRACT, A DISTANCE OF 323.74   FEET TO THE POINT OF BEGINNING AND CONTAINING 7.5823 ACRES [330,284   SQUARE FEET] OF LAND, MORE OR LESS.          SECTION 6.  To the extent of any conflict, this Act prevails   over another Act of the 85th Legislature, Regular Session, 2017,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 7.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.