By: Keffer H.B. No. 3032
A BILL TO BE ENTITLED
AN ACT
relating to the sale by the Brazos River Authority of certain
property at Possum Kingdom Lake.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 8502, Special District Local Laws Code,
is amended by adding Section 8502.013a to read as follows:
Sec. 8502.013a. SALE OF CAPTIVE PROPERTY AT POSSUM KINGDOM
LAKE.
(a) In this section:
(1) "Lake" means Possum Kingdom Lake.
(2) "Project Land" means real property within the
project boundary for the license issued to the Authority by the
Federal Energy Regulatory Commission for project number
1490-003-Texas.
(3) "Captive Property To Be Sold" means all real
property owned by the Authority at the Lake that sits above the 1000
foot mean sea level contour line and is surrounded by property owned
by a single freeholder and/or the Lake; except the term "Captive
Property To Be Sold" does not include any property currently leased
for residential purposes, nor does it include any Project Land.
(4) "Offeree" means any person to whom an offer to sell
Captive Property To Be Sold is to be made under this subsection.
(b) Notwithstanding any other provision of this chapter,
the Authority is directed to sell all Captive Property To Be Sold in
accordance with the directives of this section.
(1) Within 90 days of the effective date of this Act,
the Authority shall publish a list of each parcel at the Lake that
is:
(a) owned by the Authority at the Lake;
(b) sits above the 1000 foot mean sea level
contour line; and
(c) is surrounded by property owned by a single
freeholder and or the Lake. Each such parcel shall be deemed
"Captive Property To Be Sold."
(2) Each listed parcel of Captive Property To Be Sold
shall be offered for sale at its fair market value to the Offeree
who owns the property which surrounds that specific parcel.
(3) Any Offeree who desires to purchase any parcel of
Captive Property To Be Sold must submit a written statement of their
intent to purchase such parcel to the Authority within 180 days of
the publication of the list of parcels by the Authority. Should no
written statement of intent to purchase any specific parcel be
submitted to the Authority within 180 days of the publication of the
list of parcels by the Authority, that parcel shall remain the
property of the Authority.
(4) The Authority shall accept and process the written
statements of intent to purchase in the order in which they are
received.
(5) Any sale of property shall be handled as if it were
a private sale for fair market value under Texas Water Code Section
49.226(a).
(c) Any dispute arising under this subsection (including
any dispute concerning the designation of property as Captive
Property To Be Sold, or the fair market value of any property to be
sold) shall be resolved by action in the district court of Travis
County, and any claim to governmental immunity on behalf of the
Authority is hereby waived for the determination of any such
dispute.
(d) For each parcel to be sold pursuant to this subsection,
the Authority shall:
(1) provide to each Offeree a survey of the property
that is prepared by a licensed state land surveyor or a registered
professional land surveyor, and that is dated not earlier than the
date one year before the effective date of the Act enacting this
section;
(2) pay all reasonable, normal, customary, and
documented closing costs associated with the sale of the property;
and
(3) if applicable, pay all reasonable and necessary
costs incurred for any required Federal Energy Regulatory
Commission approval of the sale of the property to be purchased
under this section.
(e) For any property sold under this section, the Authority
shall provide a Special Warranty Deed encompassing all interests in
the property held by the Authority, subject only to those
restrictions and prohibitions contained in the deed of conveyance
under which the Authority originally acquired title to the
property. Any such deed that is made on behalf of the Authority and
that is properly acknowledged, proved, and recorded is sufficient
to convey the Authority's interest in the property.
(f) Chapters 232 and 272, Local Government Code, shall not
apply to any sale of property under this section.
(g) The Authority may use proceeds from the sale of property
under this section for any Authority purpose.
SECTION 2. Section 8502.013a, Special District Local Laws
Code, as added by this Act, prevails to the extent that it conflicts
with any other state law.
SECTION 3. 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.