| 1 | 1 | | 81R9233 AJA-F |
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| 2 | 2 | | By: Hegar, Huffman S.B. No. 1149 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to authorizing the Texas Board of Criminal Justice to sell |
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| 8 | 8 | | certain real property for municipal airport expansion. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 496.0021, Government Code, is amended by |
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| 11 | 11 | | adding Subsections (c), (d), and (e) to read as follows: |
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| 12 | 12 | | (c) The board shall authorize the sale of land directly to a |
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| 13 | 13 | | municipality at fair market value without the requirement of a |
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| 14 | 14 | | sealed bid sale if: |
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| 15 | 15 | | (1) the municipality seeking to acquire the land |
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| 16 | 16 | | notifies the department in writing of the municipality's desire to |
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| 17 | 17 | | acquire the land for municipal airport expansion; |
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| 18 | 18 | | (2) the land is located next to an active runway of a |
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| 19 | 19 | | municipally owned airport; |
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| 20 | 20 | | (3) the municipality is acquiring the land to expand |
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| 21 | 21 | | municipal airport facilities; and |
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| 22 | 22 | | (4) the department primarily uses the land for guard |
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| 23 | 23 | | housing. |
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| 24 | 24 | | (d) After receiving the notice required by Subsection (c), |
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| 25 | 25 | | the board shall: |
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| 26 | 26 | | (1) obtain an appraisal of the land to be sold to the |
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| 27 | 27 | | municipality; |
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| 28 | 28 | | (2) request that the municipality provide the board |
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| 29 | 29 | | with an appraisal of the land to be sold; |
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| 30 | 30 | | (3) determine whether a third appraisal by an |
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| 31 | 31 | | appraiser mutually selected by the department and municipality is |
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| 32 | 32 | | necessary to determine fair market value of the land to be sold; and |
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| 33 | 33 | | (4) finalize the sale of the land to the municipality |
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| 34 | 34 | | at fair market value within 18 months of receiving the written |
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| 35 | 35 | | notice under Subsection (c). |
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| 36 | 36 | | (e) In determining the fair market value of land to be sold |
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| 37 | 37 | | under Subsection (c), the department shall consider the necessary |
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| 38 | 38 | | remediation that must be completed before the land can be used for |
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| 39 | 39 | | airport expansion. If a third appraisal is required under |
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| 40 | 40 | | Subsection (d), the fair market value is considered to be the |
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| 41 | 41 | | average of the three appraisals required under this section minus |
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| 42 | 42 | | any remediation costs. |
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| 43 | 43 | | SECTION 2. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2009. |
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