CHAPTER 2204. ACQUISITION OF LAND FOR STATE AND FEDERAL PURPOSES
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE E. GOVERNMENT PROPERTY
CHAPTER 2204. ACQUISITION OF LAND FOR STATE AND FEDERAL PURPOSES
SUBCHAPTER A. ACQUISITION OF LAND BY STATE
Sec. 2204.001. ACQUISITION OF LAND BY STATE. (a) The governor
may purchase land or the right to use land that is required by
this state for any type of public use.
(b) If the governor fails to agree with the owner of the land on
the price for the land or the use of the land, the land may be
condemned for public use in the name of this state. On the
direction of the governor, condemnation proceedings shall be
instituted against the owner of the land by the attorney general
or the district or county attorney acting under the direction of
the attorney general.
(c) If the governor determines that the amount of damages
awarded in the condemnation proceedings under Subsection (b) is
excessive, the state may not pay the damages. In that event, the
state shall pay the costs of the proceedings and may not take
further action.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2204.002. RESTRICTION ON ACQUISITION OF REAL PROPERTY. A
state agency, as defined by Section 658.001, may not accept a
gift or devise of real property or spend appropriated money to
purchase real property without statutory authority or other
legislative authorization.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.34, eff. Sept. 1,
1999.
Sec. 2204.003. GIFTS OF REAL PROPERTY TO INSTITUTIONS OF HIGHER
EDUCATION. An institution of higher education, as defined by
Section 61.003, Education Code, may accept a gift or devise of
real property from a private entity to establish scholarships or
professorships or to be held in trust for other educational
purposes only if done consistently with rules and regulations
adopted by the Texas Higher Education Coordinating Board pursuant
to its power to adopt such rules and regulations under Chapter
61, Education Code.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.34, eff. Sept. 1,
1999.
SUBCHAPTER B. GENERAL PROVISIONS FOR ACQUISITION OF LAND AND
JURISDICTION OVER LAND BY UNITED STATES
Sec. 2204.101. CONSENT TO UNITED STATES TO ACQUIRE LAND. (a)
The legislature consents to the purchase or acquisition by the
United States, including acquisition by condemnation, of land in
this state made in accordance with this subchapter.
(b) The United States may purchase, acquire, hold, own, occupy,
and possess land in this state that it considers expedient and
that it seeks to occupy as a site:
(1) on which to erect and maintain a lighthouse, fort, military
station, magazine, arsenal, dockyard, customhouse, post office,
or other necessary public building; or
(2) for erecting a lock or dam, straightening a stream by making
a cutoff, building a levee, or erecting any other structure or
improvement that may become necessary for developing or improving
a waterway, river, or harbor of this state.
(c) During condemnation proceedings for the acquisition of land
by the United States under this section, the United States may
occupy the land and construct improvements on the land
immediately on the filing of the award of the condemnation
commissioners with the condemnation court, without awaiting the
decision of the court, if the United States deposits an amount
equal to the amount of the award of the commissioners plus the
amount of all costs adjudged against the United States.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2204.102. SALE OF STATE LAND TO UNITED STATES. (a) The
governor may sell to the United States land owned by this state
that the United States desires to acquire for a purpose specified
by Section 2204.101.
(b) On payment of the purchase money for the land into the state
treasury, the land commissioner, on the order of the governor,
shall issue a patent for that land to the United States in the
same manner that other patents are issued.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2204.103. CESSION OF JURISDICTION TO UNITED STATES. (a)
On written application of the United States to the governor, the
governor, in the name and on behalf of this state, may cede to
the United States exclusive jurisdiction, subject to Subsection
(c), over land acquired by the United States under this
subchapter over which the United States desires to acquire
constitutional jurisdiction for a purpose provided by Section
2204.101.
(b) An application for cession must be:
(1) accompanied by proper evidence of the acquisition of the
land;
(2) authenticated and recorded; and
(3) include or have attached an accurate description by metes
and bounds of the land for which cession is sought.
(c) A cession of jurisdiction may not be made under this section
except on the express condition, which must be included in the
instrument of cession, that this state retains concurrent
jurisdiction with the United States over every portion of the
land ceded so that all civil or criminal process issued under the
authority of this state or a court or judicial officer of this
state may be executed by the proper officers of this state on any
person amenable to service of process within the limits of the
land to be ceded, in the same manner and to the same effect as if
the cession had not occurred.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER C. CONVEYANCE OF STATE HIGHWAY LAND TO UNITED STATES
FOR CERTAIN PURPOSES
Sec. 2204.201. APPLICATION OF SUBCHAPTER. This subchapter
applies only to land or an interest in land owned by this state
that is under the control of the Texas Department of
Transportation.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 9.010(a),
eff. Sept. 1, 2001.
Sec. 2204.202. CONVEYANCE TO UNITED STATES FOR MILITARY
PURPOSES. The governor, on the recommendation of the Texas
Transportation Commission or on the request of the United States
supported by the recommendation of the Texas Transportation
Commission, may convey to the United States an easement or other
interest in land that:
(1) is located near a federally owned or operated military
installation or facility; and
(2) may be necessary for the construction, operation, and
maintenance of the military installation or facility.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 9.010(a),
eff. Sept. 1, 2001.
Sec. 2204.203. CONVEYANCE TO UNITED STATES FOR CIVIL WORKS
PROJECT. (a) In this section, "civil works project" means a
flood control project, river and harbor improvement project,
water conservation project, or other civil works project
constructed or to be constructed by the United States.
(b) The governor, on the recommendation of the Texas
Transportation Commission or on the request of the United States
supported by the recommendation of the Texas Transportation
Commission, may convey to the United States or any governmental
subdivision or agency of this state that is cooperating with the
United States in a civil works project an easement or other
interest in land that may be necessary for the construction,
operation, and maintenance of the civil works project.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 9.010(a), eff.
Sept. 1, 2001.
Sec. 2204.204. CONSIDERATION FOR CONVEYANCE. A conveyance under
this subchapter may be made without monetary consideration or for
a consideration determined by the Texas Transportation
Commission.
Renumbered from Sec. 2204.202 and amended by Acts 2001, 77th
Leg., ch. 1420, Sec. 9.010(a), eff. Sept. 1, 2001.
Sec. 2204.205. FEE SIMPLE NOT OWNED BY STATE. For land for
which the fee simple title is not vested in this state and for
which the owner of the fee executes an easement to the United
States for the purposes provided by Section 2204.202 or 2204.203,
the governor on the recommendation of the Texas Transportation
Commission may join in and assent to the easement by the same or
a separate instrument.
Renumbered from Sec. 2204.203 and amended by Acts 2001, 77th
Leg., ch. 1420, Sec. 9.010(a), eff. Sept. 1, 2001.
SUBCHAPTER D. STATE GRANTS TO UNITED STATES FOR FLOOD CONTROL IN
BED AND BANKS OF PECOS AND DEVILS RIVERS AND RIO GRANDE
Sec. 2204.301. GRANT TO UNITED STATES. The governor may grant
to the United States in accordance with this subchapter those
portions of the beds and banks of the Pecos and Devils rivers in
Val Verde County and of the Rio Grande in Brewster, Cameron,
Hidalgo, Hudspeth, Jeff Davis, Kinney, Maverick, Presidio, Starr,
Terrell, Val Verde, Webb, and Zapata counties:
(1) for which title is vested in this state; and
(2) that may be necessary or expedient in the construction and
use of the storage and flood control dams and their resultant
reservoirs, diversion works, and appurtenances provided for in
the Treaty Relating to the Utilization of the Waters of the
Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo)
from Fort Quitman, Texas, to the Gulf of Mexico, concluded by the
United States and the United Mexican States on February 3, 1944.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2204.302. APPLICATION BY UNITED STATES. On application to
the governor by the United States Commissioner, International
Boundary and Water Commission, United States and Mexico,
describing the area necessary or expedient for the purposes
described in Section 2204.301, the governor shall issue a grant
for and on behalf of this state to the United States conveying to
the United States the area described in the application.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2204.303. MINERAL RESERVATION REQUIRED. A grant under this
subchapter must reserve to this state all minerals except rock,
sand, and gravel needed by the United States in the operation or
construction by the United States or its agents of any of the
works described by Section 2204.301. The reservation must provide
that:
(1) the minerals reserved to this state may not be explored for,
developed, or produced in a manner that at any time will prevent
or interfere with the operation or construction of those works;
and
(2) before exploring for or developing reserved minerals, this
state must obtain the written consent of the United States
Section, International Boundary and Water Commission, United
States and Mexico, or its successor agency, as to the proposed
area sought to be explored or developed by this state, including
the location of and production facilities for oil wells, gas
wells, or oil and gas wells.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2204.304. REVERSION TO STATE ON NONUSE. A grant under this
subchapter must contain a reservation providing that if any part
of the property granted ceases to be used for the purposes set
out in Section 2204.301 for a continuous period of five years,
that part shall immediately and automatically revert to this
state at the end of that period.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2204.305. PRIVATE PROPERTY RIGHTS NOT AFFECTED. This
subchapter does not divest, limit, or otherwise affect the
property rights, including riparian rights, under the laws of
this state of the private owners of land abutting a portion of a
river to which this subchapter applies.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER E. STATE GRANTS TO UNITED STATES IN BED AND BANKS OF
RIO GRANDE TO IMPLEMENT BOUNDARY TREATY
Sec. 2204.401. GRANT TO UNITED STATES. The governor may grant
to the United States in accordance with this subchapter those
portions of, or easements on, the beds and banks of the Rio
Grande in Brewster, Cameron, Hidalgo, Hudspeth, Jeff Davis,
Kinney, Maverick, Presidio, Starr, Terrell, Val Verde, Webb, and
Zapata counties:
(1) for which title is vested in this state; and
(2) that may be necessary or expedient to facilitate the
accomplishment of projects for the following purposes, as
provided for in the Treaty to Resolve Pending Boundary
Differences and Maintain the Rio Grande and Colorado River as the
International Boundary between the United States of America and
the United Mexican States, entered into force April 18, 1972, and
the American-Mexican Boundary Treaty Act of 1972 (22 U.S.C.
Sections 277d-34 et seq.):
(A) the relocation and rectification of the Rio Grande and
construction of works for flood control in the Presidio-Ojinaga
Valley;
(B) the rectification of and channel stabilization on the Rio
Grande between Fort Quitman in Hudspeth County and Haciendita in
Presidio County;
(C) the relocation and rectification of the Rio Grande upstream
from Hidalgo-Reynosa in Hidalgo County;
(D) the preservation of the Rio Grande as the boundary by
prohibiting the construction of works that may cause deflection
or obstruction of the normal flow or floodflows of the Rio
Grande; or
(E) other channel relocations and rectifications or boundary
adjustments approved by the governments of the United States and
the United Mexican States.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2204.402. APPLICATION BY UNITED STATES. On application to
the governor by the United States Commissioner, International
Boundary and Water Commission, United States and Mexico,
describing the area and the interest in that area necessary or
expedient for the purposes described in Section 2204.401, the
governor shall issue a grant for and on behalf of this state to
the United States conveying to the United States the area and
interest described in the application.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2204.403. MINERAL RESERVATION REQUIRED. (a) A grant under
this subchapter must reserve to this state all minerals except
rock, sand, and gravel needed by the United States in the
operation or construction by the United States or its agents of
any of the works described by Section 2204.401. The reservation
must provide that:
(1) the minerals reserved to this state may not be explored for,
developed, or produced in a manner that will at any time prevent
or interfere with the operation or construction of those works;
and
(2) before exploring for or developing reserved minerals, this
state must obtain the written consent of the United States
Section, International Boundary and Water Commission, United
States and Mexico, or its successor agency, as to the proposed
area sought to be explored or developed by this state, including
the location of and production facilities for oil wells, gas
wells, or oil and gas wells or other minerals.
(b) In a grant to the United States of fee title to the bed and
banks of the Rio Grande for the relocation and rectification of
the existing channel under the treaty that is to cause a portion
of the channel to be in the territorial limits of the United
Mexican States after its relocation and rectification, the
reservation is required only for the portion of the channel that
will remain in the territorial limits of the United States on
completion of the relocation and rectification project.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2204.404. PRIVATE PROPERTY RIGHTS NOT AFFECTED. This
subchapter does not divest, limit, or otherwise affect the
property rights, including riparian rights, under the laws of
this state of the private owners of land abutting a portion of
the Rio Grande to which this subchapter applies.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER F. CONSENT TO FEDERAL ACQUISITION OF LAND FOR FLOOD
CONTROL IN TRINITY WATERSHED
Sec. 2204.501. APPLICATION OF SUBCHAPTER. This subchapter
applies only to land in:
(1) Denton, Jack, Montague, Parker, and Wise counties; and
(2) that portion of the Trinity Watershed located in Collin,
Cooke, Dallas, Fannin, Grayson, Hunt, Kaufman, Rockwall, Tarrant,
or Van Zandt County.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2204.502. CONSENT OF STATE. (a) This state consents to
the acquisition by the United States by purchase, gift, or
condemnation with adequate compensation of land or any right or
interest in land in this state that the United States determines
is needed for programs and works of improvement for runoff and
water-flow retardation, soil erosion prevention, or other
flood-control purposes in this state.
(b) This state does not consent to the acquisition of land under
this subchapter by condemnation unless the apparent owner of the
land consents to the acquisition.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2204.503. CERTAIN RESERVATIONS PERMITTED. The United
States may acquire land under this subchapter subject to
reservations of rights-of-way, timber, minerals, or easements.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2204.504. PAYMENTS IN LIEU OF TAXES. The United States
must remit an amount equal to one percent of the purchase price
of acquired land each year in lieu of taxes to the counties and
school districts in which the land is located.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2204.505. CONCURRENT JURISDICTION RETAINED FOR CERTAIN
PURPOSES. This state retains concurrent jurisdiction with the
United States in and over acquired land so that civil process in
all cases and criminal process issued under the authority of this
state against a person charged with the commission of a crime in
or outside of the territory of the land may be executed on that
land in the same manner as if this subchapter did not exist.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER G. CONVEYANCE OF EASEMENT TO UNITED STATES FOR
LOUISIANA AND TEXAS INTRACOASTAL WATERWAY
Sec. 2204.601. CONVEYANCE TO UNITED STATES. (a) The state
conveys to the United States an easement to construct and
maintain the Louisiana and Texas Intracoastal Waterway over and
through the following described areas:
(1) the disconnected portions of the stream beds of Mud Bayou
and East Bay Bayou from approximately Station 1519 to
approximately Station 1914 as shown on United States Engineer
Department map, "Louisiana and Texas Intra-Coastal Waterway,
Sabine River-Galveston Bay Section, Survey of 1926-7, Sheet No.
12, File 16-2-16," the portions of the stream beds of Mud Bayou
and East Bay Bayou covered by this easement being 300 feet wide
and located in Chambers and Galveston counties where the
intracoastal waterway intersects the meanderings of the bayous;
and
(2) the disconnected portions of bays and any tidal lands owned
by the state within an area 300 feet in width extending from the
Galveston-Brazoria County line to the nine-foot contour in
Aransas Bay along the route of the projected Louisiana and Texas
Intracoastal Waterway as shown in red on the map, in four sheets,
prepared by the United States Engineer Office, Galveston, Texas,
entitled "Louisiana and Texas Intracoastal Waterway, Survey of
1927-1928," Index Sheets Nos. 1, 2, 3, and 4, File No. 16-4-4,
the portions of bays and tidal lands being located in Brazoria,
Matagorda, Calhoun, and Aransas counties.
(b) The state conveys to the United States an easement to
deposit dredged material during the construction and maintenance
of the Louisiana and Texas Intracoastal Waterway in bays and on
tidal lands owned by the state within 2,000 feet of the area
described by Subsection (a)(2).
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 9.010(b), eff.
Sept. 1, 2001.
Sec. 2204.602. REVERSION TO STATE ON FAILURE TO MAINTAIN. If
the United States fails at any time to maintain or have
maintained the Louisiana and Texas Intracoastal Waterway, the
easement granted under Section 2204.601 terminates and reverts to
the state.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 9.010(b), eff.
Sept. 1, 2001.
Sec. 2204.603. PROPERTY RIGHTS NOT AFFECTED. This subchapter
does not affect or impair:
(1) a person's vested right; or
(2) the right of a person to use and maintain a bridge in
existence on May 17, 1929, on or across Mud Bayou or East Bay
Bayou.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 9.010(b), eff.
Sept. 1, 2001.
SUBCHAPTER H. CONVEYANCE TO UNITED STATES OF AREA IN NUECES
COUNTY NAVIGATION DISTRICT FOR MILITARY PURPOSES
Sec. 2204.701. GRANT OF EASEMENT TO UNITED STATES. The state
conveys to the United States an easement in an area three square
miles or larger, or of different form, in the Nueces County
Navigation District, in Nueces Bay, Nueces County, Texas, as
designated by the United States, to erect and maintain a fort,
military station or camp, magazine, arsenal, dockyard, barracks,
lighthouse, naval yard, naval base, naval air base, naval air
station, channel, approach for battleships, or any other
necessary military purpose.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 9.010(b), eff.
Sept. 1, 2001.
Sec. 2204.702. CONVEYANCE OF LAND TO UNITED STATES. On demand
from the United States, the governor shall convey to the United
States the area described by Section 2204.701 for a purpose
described by Section 2204.701.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 9.010(b), eff.
Sept. 1, 2001.
Sec. 2204.703. LIMITATION ON CONVEYANCE. A conveyance under
this subchapter is subject to the limitations described by
Sections 2204.101-2204.103, Government Code, and Sections
61.115-61.117, Water Code.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 9.010(b), eff.
Sept. 1, 2001.
Sec. 2204.704. MINERAL RESERVATION REQUIRED. A grant of an
easement under this subchapter must reserve to the state all
minerals, including oil and gas.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 9.010(b), eff.
Sept. 1, 2001.
Sec. 2204.705. REVERSION TO STATE ON NONUSE. If the United
States no longer uses the area described by Section 2204.701 for
a purpose described by Section 2204.701 or fails to maintain or
to have maintained at any time the facilities described by
Section 2204.701, the easement granted under this subchapter
terminates and reverts to the state.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 9.010(b), eff.
Sept. 1, 2001.