| 1 | 1 | | By: Anderson of Dallas (Senate Sponsor - Harris) H.B. No. 2584 |
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| 2 | 2 | | (In the Senate - Received from the House May 6, 2011; |
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| 3 | 3 | | May 9, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Intergovernmental Relations; May 19, 2011, reported favorably by |
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| 5 | 5 | | the following vote: Yeas 5, Nays 0; May 19, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to authorizing certain municipalities to donate surplus |
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| 11 | 11 | | real property of negligible or negative value to certain private |
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| 12 | 12 | | persons. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Chapter 253, Local Government Code, is amended |
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| 15 | 15 | | by adding Section 253.013 to read as follows: |
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| 16 | 16 | | Sec. 253.013. DONATION OF REAL PROPERTY OF NEGLIGIBLE OR |
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| 17 | 17 | | NEGATIVE VALUE TO CERTAIN PRIVATE PERSONS. (a) This section |
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| 18 | 18 | | applies only to a municipality with a population greater than |
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| 19 | 19 | | 150,000 and less than 200,000 that is located in three counties. |
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| 20 | 20 | | (b) The governing body of a municipality to which this |
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| 21 | 21 | | section applies may determine that real property located inside the |
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| 22 | 22 | | boundaries of the municipality and owned by the municipality is |
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| 23 | 23 | | surplus real property of negligible or negative value if: |
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| 24 | 24 | | (1) the property is not improved, including by having |
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| 25 | 25 | | a structure on it or by being paved; |
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| 26 | 26 | | (2) ownership of the property does not provide any |
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| 27 | 27 | | identifiable positive benefit to the municipality in relation to |
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| 28 | 28 | | the municipality's current needs; |
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| 29 | 29 | | (3) ownership of the property is not likely to provide |
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| 30 | 30 | | any identifiable positive benefit to the municipality in relation |
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| 31 | 31 | | to the municipality's future needs; and |
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| 32 | 32 | | (4) the cost of maintaining the property is a |
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| 33 | 33 | | substantial burden to the municipality. |
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| 34 | 34 | | (c) The governing body of a municipality that makes a |
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| 35 | 35 | | determination under Subsection (b) shall adopt written findings and |
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| 36 | 36 | | conclusions regarding the determination made. |
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| 37 | 37 | | (d) The governing body of a municipality that makes a |
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| 38 | 38 | | determination under Subsection (b) that certain real property is |
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| 39 | 39 | | surplus real property of negligible or negative value may donate |
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| 40 | 40 | | that property to a private person who owns property adjacent to the |
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| 41 | 41 | | surplus real property of negligible or negative value. |
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| 42 | 42 | | (e) Section 272.001 does not apply to a conveyance of |
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| 43 | 43 | | property authorized by this section. |
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| 44 | 44 | | SECTION 2. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2011. |
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| 49 | 49 | | * * * * * |
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