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.