H.B. No. 2584
AN ACT
relating to authorizing certain municipalities to donate surplus
real property of negligible or negative value to certain private
persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 253, Local Government Code, is amended
by adding Section 253.013 to read as follows:
Sec. 253.013. DONATION OF REAL PROPERTY OF NEGLIGIBLE OR
NEGATIVE VALUE TO CERTAIN PRIVATE PERSONS. (a) This section
applies only to a municipality with a population greater than
150,000 and less than 200,000 that is located in three counties.
(b) The governing body of a municipality to which this
section applies may determine that real property located inside the
boundaries of the municipality and owned by the municipality is
surplus real property of negligible or negative value if:
(1) the property is not improved, including by having
a structure on it or by being paved;
(2) ownership of the property does not provide any
identifiable positive benefit to the municipality in relation to
the municipality's current needs;
(3) ownership of the property is not likely to provide
any identifiable positive benefit to the municipality in relation
to the municipality's future needs; and
(4) the cost of maintaining the property is a
substantial burden to the municipality.
(c) The governing body of a municipality that makes a
determination under Subsection (b) shall adopt written findings and
conclusions regarding the determination made.
(d) The governing body of a municipality that makes a
determination under Subsection (b) that certain real property is
surplus real property of negligible or negative value may donate
that property to a private person who owns property adjacent to the
surplus real property of negligible or negative value.
(e) Section 272.001 does not apply to a conveyance of
property authorized by 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, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2584 was passed by the House on May 5,
2011, by the following vote: Yeas 146, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2584 was passed by the Senate on May
25, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor