Relating to the transfer of certain state property from the Texas Department of Criminal Justice to Walker County.
LowStandard timeline
Low Cost
Effective:2025-09-01
Enforcing Agencies
Texas Department of Criminal Justice
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025.
Transfer Deadline: "As soon as practicable" following the effective date (Anticipate Q4 2025).
Utilization Deadline: September 1, 2035. (Walker County must actively "use" the property for a justice center by this date, or title reverts).
Agency Rulemaking: No formal rulemaking required. The "rules" will be codified in the Deed restrictions filed with the Walker County Clerk.
Immediate Action Plan
Immediate: Business development teams must map the metes and bounds in Exhibit A (FM 2821 and Smith Hill Road) to assess site viability for justice facility bids.
Q4 2025: Legal counsel for interested vendors must review the recorded Deed to confirm the exact language of the restrictive covenants before submitting proposals.
Long-Term: Project managers must treat 2032 as the practical deadline for substantial completion to allow a buffer for occupancy before the 2035 statutory cutoff.
Operational Changes Required
Contracts
Scope Restrictions: Master Service Agreements (MSAs) and construction contracts regarding this site must strictly limit the scope of work to "justice center" facilities. Inclusion of ancillary commercial space (e.g., retail leasing) creates a high risk of title forfeiture.
Performance Bonds: Contracts should include strict adherence to timelines. While the statutory deadline is 10 years, prime contracts should mandate completion well in advance to avoid triggering the reversion clause due to construction delays.
Hiring/Training
Business Development: Procurement teams for engineering and construction firms should monitor Walker County Commissioners Court agendas starting September 2025 for RFQs related to the FM 2821/Smith Hill Road site.
Reporting & Record-Keeping
Title Records: Title companies and legal counsel must ensure the Deed recorded in Walker County explicitly contains the reversionary clause favoring TDCJ.
Chain of Title: The property must be flagged in internal systems as "Fee Simple Determinable," not "Fee Simple Absolute."
Fees & Costs
No State Fees: The transfer is exempt from standard General Land Office (GLO) transaction fees.
Local Costs: Standard county recording fees apply.
Strategic Ambiguities & Considerations
The legislation leaves two critical terms undefined, creating legal exposure for contractors and the County:
1."Justice Center": The statute does not define what constitutes a justice center.
*Risk:* Does this include administrative offices for the DA, or only courts and jails?
*Guidance:* Contractors should advise against mixed-use developments. If the facility is not clearly a court, jail, or law enforcement office, it risks violating the statute.
2."Use": The law requires the county to "use" the property by the 10th anniversary.
*Risk:* It is unclear if "use" means breaking ground, substantial completion, or Certificate of Occupancy.
*Guidance:* Operate under the assumption that "use" means operational occupancy. Mere construction activity in 2035 will likely not satisfy the requirement to prevent reversion.
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Walker County is proposing to build a new justice center on land owned by the Texas Department of Criminal Justice (TDCJ). The land is near the existing Huntsville Police Department and Walker County Jail and utilized for livestock grazing and hay production. Walker County's courthouse is currently located in downtown Huntsville and causes traffic and congestion when court is in session. Additionally, the county incurs costs transporting defendants from the county jail for court appearances. S.B. 1879 seeks to facilitate the transfer of land adjacent to the existing Huntsville Police Headquarters and County Jail from TDCJ to Walker County for the purpose of building a new justice center.
As proposed, S.B. 1879 amends current law relating to the transfer of certain state property from the Texas Department of Criminal Justice to Walker County.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. (a) Requires the Texas Department of Criminal Justice (TDCJ), as soon as practicable, to transfer to Walker County (county) the real property interests of the State of Texas and TDCJ in the tract of land described by Subsection (f) of this section.
(b) Authorizes the county to use the property transferred under this Act only for a justice center. Provides that, if the county uses the property for any purpose other than the purpose described by this subsection or if the county fails to use the property for the purpose described by this subsection before the 10th anniversary of the date of transfer, ownership of the property automatically reverts to TDCJ.
(c) Requires TDCJ to transfer the property by an appropriate instrument of transfer. Requires that the instrument of transfer:
(1) provides that:
(A) the county is authorized to use the property only for a justice center; and
(B) ownership of the property will automatically revert to TDCJ if the county:
(i) uses the property for any purpose other than the purpose described by Paragraph (A) of this subdivision; or
(ii) fails to use the property for the purpose described by Paragraph (A) of this subdivision before the 10th anniversary of the date of the transfer; and
(2) describe the property to be transferred by metes and bounds.
(d) Requires TDCJ to retain custody of the instrument of transfer after the instrument of transfer is filed in the real property records of the county.
(e) Provides that Sections 31.158 (Real Estate Transactions Authorized by Legislature) and 31.159 (First Option to Purchase), Natural Resources Code, do not apply to the transfer of real property authorized by this Act.
(f) Sets forth the boundaries of the tract of land referred to in this section.
SECTION 2. Effective date: upon passage or September 1, 2025.
Honorable Paul Bettencourt, Chair, Senate Committee on Local Government
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1879 by Schwertner (Relating to the transfer of certain state property from the Texas Department of Criminal Justice to Walker County.), As Introduced
No significant fiscal implication to the State is anticipated.
It is assumed that any costs associated with the bill could be absorbed using existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
305 General Land Office and Veterans' Land Board, 696 Department of Criminal Justice
LBB Staff:
JMc, SZ, CSh, JLa
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SB1879 mandates the transfer of 15 acres from the Texas Department of Criminal Justice (TDCJ) to Walker County, contingent upon the land’s development as a "justice center" by 2035. This legislation creates immediate procurement opportunities for construction and design firms but imposes a strict fee simple determinable title that reverts to the State if development deadlines or use-restrictions are violated. Implementation Timeline Effective Date: September 1, 2025.
Q
Who authored SB1879?
SB1879 was authored by Texas Senator Charles Schwertner during the Regular Session.
Q
When was SB1879 signed into law?
SB1879 was signed into law by Governor Greg Abbott on May 13, 2025.
Q
Which agencies enforce SB1879?
SB1879 is enforced by Texas Department of Criminal Justice.
Q
How urgent is compliance with SB1879?
The compliance urgency for SB1879 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB1879?
The cost impact of SB1879 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does SB1879 address?
SB1879 addresses topics including walker county, county government, county government--land use & zoning, property interests and property interests--real property.
Legislative data provided by LegiScanLast updated: November 25, 2025
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