Vernon's Texas Civil Statutes

Sec. 1. Whenever the State of Texas shall be the owner of any land or interest in land, which land or interest therein is under the control of the Texas Department of Transportation, and which land is used or proposed to be used as a part of the site of a flood control, river and harbor improvement, water conservation, or other civil works project constructed or to be constructed by the United States of America or an agency or instrumentality thereof, the Governor is hereby authorized and empowered, upon the recommendation of the Texas Transportation Commission, or upon request by the United States through its proper officers when supported by the recommendation of the Texas Transportation Commission, to convey to the United States of America or to any political subdivision, agency or instrumentality of this State which is cooperating with the United States in any such project, without monetary consideration therefor, or for a consideration determined by the Texas Transportation Commission, an easement or other interest in such land which may be necessary for the construction, operation, and maintenance of such project.

Sec. 1 amended by Acts 1995, 74th Leg., ch. 165, � 22(15), eff. Sept. 1, 1995.

Sec. 2. In the event the fee simple title to such land is not vested in the State and the owner of the fee has executed an easement to such lands for the above purposes, the Governor is authorized and empowered upon the recommendation of the Texas Transportation Commission to join in and assent to such easement by the same instrument or by separate instrument.

Sec. 2 amended by Acts 1995, 74th Leg., ch. 165, � 22(15), eff. Sept. 1, 1995.

Sec. 3. All such conveyances heretofore made by the Governor upon the recommendation of the State Highway Commission for the purposes stated above are hereby ratified and validated.

Sec. 1. That there is hereby granted and conveyed to the Government of the United States of America the free and uninterrupted use, liberty, and easement of constructing and maintaining the proposed Louisiana and Texas Intra-Coastal Waterway over and through 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 said 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 proposed Intra-Coastal Waterway will intersect the meanderings of the bayous.

Sec. 2. Provided, however, that should the United States of America fail or refuse to construct said Intra-Coastal Waterway prior to January 1, 1939, or should said Government cease to maintain or to have maintained said Intra-Coastal Waterway at any time, then this right of easement shall cease and determine, and all right of whatsoever nature shall revert and be vested in the State of Texas.

Sec. 3. Provided, further, that nothing in this Act shall be construed to affect or impair any vested rights, or the right to use and maintain any bridge or bridges now in existence on or across said Mud Bayou, or East Bay Bayou, and the right of the owner of any such bridge to use and maintain the same is hereby expressly recognized and confirmed.

Sec. 1. There is hereby granted and conveyed to the United States of America the free and uninterrupted use, liberty, and easement to construct and maintain the Louisiana and Texas Intracoastal Waterway over and through disconnected portions of bays and any tidal lands owned by the State of Texas within an area three hundred (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 map, in four (4) 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, and the further free and uninterrupted use, liberty, and easement to deposit dredged material during construction and maintenance of the waterway in bays and on tidal lands owned by the State of Texas within two thousand (2,000) feet of the above described area, said portions of bays and tidal lands being located in Brazoria, Matagorda, Calhoun, and Aransas Counties.

Sec. 2. Provided, however, that should the United States of America fail or refuse to construct said Intracoastal Waterway prior to January 1, 1947, or should said Government cease to maintain or to have maintained said Intracoastal Waterway at any time, then this right of easement shall cease and determine, and all right of whatsoever nature shall revert and be vested in the State of Texas.

Sec. 3. Provided, further, that nothing in this Act shall be construed to affect or impair any vested rights.

Sec. 1. There is hereby granted and conveyed to the Government of the United States of America the free and uninterrupted use, liberty, and easement of, in, and to that certain area three (3) miles square or larger, or of different form, in Nueces County Navigation District, in Nueces Bay, in Nueces County, Texas, as the proper agent or agents of the United States Government may designate for the erection and maintenance of forts, military stations or camps, magazines, arsenals, dock yards, barracks, lighthouses, navy yards, naval bases, naval air bases, naval air stations, channels, approaches for battleships, or for other needful military purposes.

Sec. 2. If the United States of America shall not desire to utilize said area for said purposes or any of said purposes, and shall fail or refuse to erect said forts, military stations or camps, barracks, naval bases, naval air bases or stations, or other needful military purposes, prior to January 1, 1949, or should said Government cease to maintain or to have maintained said forts, military stations or camps, barracks, naval bases, naval air bases or stations, channels and approaches, at any time, then the right of easement, use, and liberty herein granted shall cease and determine, and all right of whatsoever nature by virtue hereof shall revert and be revested in the State of Texas.

Sec. 3. If and when the proper authority or agent of the United States of America may demand, the Governor of the State of Texas shall convey said area to the Government of the United States of America for the purposes herein set forth. The use, liberty, and easement herein authorized shall be upon the express condition that the State of Texas shall retain all of the oil and gas and mineral rights, and that the State of Texas shall convey said public domain to the United States of America under the limitation in Articles 8225, 5242, 5245, and 5247 of the Revised Civil Statutes of Texas, and such approval and authorization of the Legislature of the State of Texas is hereby given.