81R14564 AJA-D
By: Howard of Fort Bend H.B. No. 2324
Substitute the following for H.B. No. 2324:
By: Paxton C.S.H.B. No. 2324
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the Texas Board of Criminal Justice to sell
certain real property for municipal airport expansion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 496.0021, Government Code, is amended by
adding Subsections (c), (d), (e), and (f) to read as follows:
(c) The board shall authorize the sale of land directly to a
municipality at fair market value without the requirement of a
sealed bid sale if:
(1) the municipality seeking to acquire the land
notifies the department in writing of the municipality's desire to
acquire the land for municipal airport expansion;
(2) the land is located next to an active runway of a
municipally owned airport;
(3) the municipality is acquiring the land to expand
municipal airport facilities or supporting commercial operations
for the airport; and
(4) the department primarily uses the land for guard
housing.
(d) After receiving the notice required by Subsection (c),
the board shall:
(1) obtain an appraisal of the land to be sold to the
municipality;
(2) request that the municipality provide the board
with an appraisal of the land to be sold; and
(3) determine whether a third appraisal by an
appraiser mutually selected by the department and municipality is
necessary to determine fair market value of the land to be sold.
(e) Within 18 months of receiving the notice required by
Subsection (c), the board shall finalize the sale of the land to the
municipality at fair market value.
(f) In determining the fair market value of land to be sold
under Subsection (c), the department shall consider the necessary
remediation that must be completed before the land can be used for
airport expansion. If a third appraisal is required under
Subsection (d), the fair market value is considered to be the
average of the three appraisals required under this section.
SECTION 2. 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, 2009.