Texas 2009 - 81st Regular

Texas House Bill HB3632 Compare Versions

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1	1	H.B. No. 3632
2	2
3	3
4	4	AN ACT
5	5	relating to the authority of the state to acquire, sell, or exchange
6	6	certain land.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 31.065, Natural Resources Code, is
9	9	amended by amending Subsections (a) and (c) and adding Subsections
10	10	(d) and (e) to read as follows:
11	11	(a) In the absence of any law to the contrary, the
12	12	commissioner may, if the commissioner [he] determines it to be in
13	13	the best interest of the state, accept grants, gifts, devises, or
14	14	bequests, either absolutely or in trust, of money or real or
15	15	personal property on behalf of the state. Real property so acquired
16	16	by the state becomes public free school land unless the person
17	17	making the grant, gift, devise, or bequest provides that the real
18	18	property is to be possessed, administered, or used by a particular
19	19	state agency, board, commission, department, or other particular
20	20	state entity or provides that it is to be held in some other manner
21	21	by the state.
22	22	(c) If the commissioner determines that the real property
23	23	acquired by the state by grant, gift, devise, or bequest is not
24	24	suitable for the purpose for which the grant, gift, devise, or
25	25	bequest was originally made, the commissioner together with the
26	26	agency, board, commission, department, or other state entity, if
27	27	any, designated to possess, administer, or use the real property
28	28	may exchange the real property for real property that is suitable
29	29	for such purpose.
30	30	(d) If real property acquired by grant, gift, devise, or
31	31	bequest is not held as part of the permanent school fund or
32	32	possessed, administered, or used by a particular state agency,
33	33	board, commission, department, or other particular state entity,
34	34	the commissioner may manage that real property or sell or exchange
35	35	the real property under terms and conditions the commissioner
36	36	determines to be in the best interest of the state. Real property
37	37	sold under this subsection must be sold in accordance with Section
38	38	31.158. Proceeds of the sale that are not required for the
39	39	management of real property under this subsection shall be
40	40	deposited in the Texas farm and ranch lands conservation fund
41	41	established under Chapter 183. Real property acquired under this
42	42	subsection may be dedicated by the commissioner to any state
43	43	agency, board, commission, or department, a political subdivision
44	44	or other governmental entity of this state, or the federal
45	45	government, for the benefit and use of the public in exchange for
46	46	nonmonetary consideration, if the commissioner determines that the
47	47	exchange is in the best interest of the state.
48	48	(e) The commissioner may adopt rules necessary to implement
49	49	this section.
50	50	SECTION 2. Section 31.066, Natural Resources Code, is
51	51	amended by amending Subsections (a) and (c) and adding Subsection
52	52	(d) to read as follows:
53	53	(a) If it is necessary for the United States government to
54	54	acquire real property in this state to conduct remedial action at a
55	55	site listed on the National Priorities List under the federal
56	56	Comprehensive Environmental Response, Compensation and Liability
57	57	Act of 1980 (42 U.S.C. Section 9601 et seq.), the commissioner [land
58	58	office] may accept transfer on behalf of the state of the title and
59	59	interest in the real property from the United States government.
60	60	The commissioner [land office] may accept a transfer following
61	61	completion of remedial action at a site only on the condition that
62	62	the state will not incur any liability under that federal law solely
63	63	by acquiring the title and interest in the real estate.
64	64	(c) Any title and interest in real property acquired by the
65	65	commissioner [land office] under this section shall be held in the
66	66	name of the state. Title or interest acquired under this section
67	67	does not become a part of the permanent school fund or any other
68	68	fund created by the Texas Constitution.
69	69	(d) The commissioner may sell any title or interest acquired
70	70	by the state under this section in accordance with Section 31.158.
71	71	Proceeds of the sale shall be deposited in the Texas farm and ranch
72	72	lands conservation fund established under Chapter 183.
73	73	SECTION 3. Section 31.167, Natural Resources Code, is
74	74	amended by amending Subsection (c) and adding Subsections (d) and
75	75	(e) to read as follows:
76	76	(c) The special board of review must file a copy of the
77	77	development plan in the deed records of the county in which the real
78	78	property is located. Revisions to the development plan that are
79	79	requested after the later of the 10th anniversary of the date on
80	80	which the development plan was promulgated by the special board of
81	81	review or the date on which the state no longer holds a financial or
82	82	property interest in the real property subject to the plan are
83	83	governed by local development policies and procedures.
84	84	(d) After issuance of an order establishing a development
85	85	plan for real property that is not part of the permanent school fund
86	86	or in which the permanent school fund does not have a financial
87	87	interest, the composition of any future special board of review
88	88	called to consider revision of that order must consist of:
89	89	(1) the presiding officer of the governing board of
90	90	the agency or institution possessing the real property or the
91	91	presiding officer's designated representative;
92	92	(2) two members who are employed by the agency or
93	93	institution possessing the real property, appointed by the
94	94	presiding officer of the governing board of the agency or
95	95	institution or the presiding officer's designated representative;
96	96	(3) the county judge of the county in which the real
97	97	property is located; and
98	98	(4) if the real property is located within the
99	99	corporate boundaries or extraterritorial jurisdiction of a
100	100	municipality, the mayor of the municipality.
101	101	(e) The member described by Subsection (d)(1) serves as the
102	102	presiding officer of the special board of review.
103	103	SECTION 4. Section 183.058(a), Natural Resources Code, is
104	104	amended to read as follows:
105	105	(a) The Texas farm and ranch lands conservation fund is an
106	106	account in the general revenue fund that may be appropriated only to
107	107	the land office to be used as provided by Subsection (b). The fund
108	108	may not be used for grants to purchase or acquire any right or
109	109	interest in property by eminent domain. The fund consists of:
110	110	(1) money appropriated by the legislature to the fund;
111	111	(2) public or private grants, gifts, donations, or
112	112	contributions; [and]
113	113	(3) funds from any other source, including proceeds
114	114	from the sale of bonds, state or federal mitigation funds, or funds
115	115	from any local, state, or federal program;
116	116	(4) proceeds of the sale of real property not required
117	117	for the management of real property under Section 31.065(d); and
118	118	(5) proceeds of the sale of real property under
119	119	Section 31.066(d).
120	120	SECTION 5. Sections 191.021(b) and (d), Natural Resources
121	121	Code, are amended to read as follows:
122	122	(b) If an institution of higher education notifies the
123	123	committee in a timely manner (as established by the committee's
124	124	rules) that it protests the proposed designation of a building or
125	125	land under its control as a landmark, the matter becomes a contested
126	126	case under the provisions of Sections 12 through 20 of the
127	127	Administrative Procedure and Texas Register Act. In the conduct of
128	128	proceedings under the Administrative Procedure and Texas Register
129	129	Act, both the hearing officer in his or her recommendations to the
130	130	committee and the committee in its determinations of findings of
131	131	fact and conclusions of law shall consider, in addition to such
132	132	other objective criteria as the committee may establish pursuant to
133	133	Section 191.091 of this chapter:
134	134	(1) that the primary mission of institutions of higher
135	135	education is the provision of educational services to the state's
136	136	citizens;
137	137	(2) that the authority for expenditure of the portion
138	138	of the state's resources allocated to institutions of higher
139	139	education for construction and repair purposes is entrusted to the
140	140	governing boards of institutions of higher education for the
141	141	purpose of the furtherance of the primary mission of the respective
142	142	institutions of higher education;
143	143	(3) whether the benefit to the state from landmark
144	144	designation outweighs the potential inflexibility of use that may
145	145	be a consequence of the designation; and
146	146	(4) whether the cost of remodeling and/or restoration
147	147	that might be required under the permit procedures of the committee
148	148	if the building were designated as a landmark may be so
149	149	substantially greater than remodeling under procedures established
150	150	by law for the review of remodeling projects for higher education
151	151	buildings not so designated as to impair the proper use of funds
152	152	designated by the state for educational purposes at the
153	153	institution.
154	154	(d) Weighing the criteria set forth in Subsections (b) and
155	155	(c) of this section against the criteria it adopts pursuant to
156	156	Section 191.092 of this chapter and such criteria as it may adopt
157	157	with regard to permit requirements, the committee shall designate a
158	158	building or land under the control of an institution of higher
159	159	education as a landmark or include a requirement in a permit only if
160	160	the record before the committee establishes by clear and convincing
161	161	evidence that such designation or inclusion would be in the public
162	162	interest.
163	163	SECTION 6. This Act does not make an appropriation. A
164	164	provision in this Act that creates a new governmental program,
165	165	creates a new entitlement, or imposes a new duty on a governmental
166	166	entity is not mandatory during a fiscal period for which the
167	167	legislature has not made a specific appropriation to implement the
168	168	provision.
169	169	SECTION 7. This Act takes effect immediately if it receives
170	170	a vote of two-thirds of all the members elected to each house, as
171	171	provided by Section 39, Article III, Texas Constitution. If this
172	172	Act does not receive the vote necessary for immediate effect, this
173	173	Act takes effect September 1, 2009.
174	174	______________________________ ______________________________
175	175	President of the Senate Speaker of the House
176	176	I certify that H.B. No. 3632 was passed by the House on April
177	177	28, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
178	178	voting; that the House refused to concur in Senate amendments to
179	179	H.B. No. 3632 on May 29, 2009, and requested the appointment of a
180	180	conference committee to consider the differences between the two
181	181	houses; and that the House adopted the conference committee report
182	182	on H.B. No. 3632 on May 31, 2009, by the following vote: Yeas 139,
183	183	Nays 0, 1 present, not voting.
184	184	______________________________
185	185	Chief Clerk of the House
186	186	I certify that H.B. No. 3632 was passed by the Senate, with
187	187	amendments, on May 23, 2009, by the following vote: Yeas 31, Nays
188	188	0; at the request of the House, the Senate appointed a conference
189	189	committee to consider the differences between the two houses; and
190	190	that the Senate adopted the conference committee report on H.B. No.
191	191	3632 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
192	192	______________________________
193	193	Secretary of the Senate
194	194	APPROVED: __________________
195	195	Date
196	196	__________________
197	197	Governor