Texas 2009 - 81st Regular

Texas House Bill HB3072 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3072
2	2
3	3
4	4	AN ACT
5	5	relating to the transfer of municipal property to economic
6	6	development corporations by certain municipalities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 253, Local Government Code, is amended
9	9	by adding Section 253.012 to read as follows:
10	10	Sec. 253.012. CONVEYANCE TO ECONOMIC DEVELOPMENT
11	11	CORPORATION BY CERTAIN MUNICIPALITIES. (a) In this section,
12	12	"economic development corporation" means a Type A corporation
13	13	governed by Chapter 504 or a Type B corporation governed by Chapter
14	14	505.
15	15	(b) This section applies only to a municipality with a
16	16	population of 20,000 or less.
17	17	(c) A municipality may transfer to an economic development
18	18	corporation, for consideration described by this section, real
19	19	property or an interest in real property without complying with the
20	20	notice and bidding requirements of Section 272.001(a) or other law.
21	21	(d) Consideration for a transfer authorized by this section
22	22	is in the form of an agreement between the parties that requires the
23	23	economic development corporation to use the property in a manner
24	24	that primarily promotes a public purpose of the municipality. If
25	25	the economic development corporation at any time fails to use the
26	26	property in that manner, ownership of the property automatically
27	27	reverts to the municipality.
28	28	(e) The municipality shall transfer the property by an
29	29	appropriate instrument of transfer. The instrument must include a
30	30	provision that:
31	31	(1) requires the economic development corporation to
32	32	use the property in a manner that primarily promotes a public
33	33	purpose of the municipality; and
34	34	(2) indicates that ownership of the property
35	35	automatically reverts to the municipality if the nonprofit
36	36	organization at any time fails to use the property in that manner.
37	37	(f) A municipality may not transfer property to an economic
38	38	development corporation under this section if the municipality
39	39	acquired the property through eminent domain.
40	40	SECTION 2. This Act takes effect immediately if it receives
41	41	a vote of two-thirds of all the members elected to each house, as
42	42	provided by Section 39, Article III, Texas Constitution. If this
43	43	Act does not receive the vote necessary for immediate effect, this
44	44	Act takes effect September 1, 2009.
45	45	______________________________ ______________________________
46	46	President of the Senate Speaker of the House
47	47	I certify that H.B. No. 3072 was passed by the House on May 5,
48	48	2009, by the following vote: Yeas 142, Nays 2, 1 present, not
49	49	voting; and that the House concurred in Senate amendments to H.B.
50	50	No. 3072 on May 29, 2009, by the following vote: Yeas 143, Nays 0,
51	51	2 present, not voting.
52	52	______________________________
53	53	Chief Clerk of the House
54	54	I certify that H.B. No. 3072 was passed by the Senate, with
55	55	amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
56	56	0.
57	57	______________________________
58	58	Secretary of the Senate
59	59	APPROVED: __________________
60	60	Date
61	61	__________________
62	62	Governor