82R5208 JTS-D
By: Deshotel H.B. No. 2690
A BILL TO BE ENTITLED
AN ACT
relating to authorizing local governments to convey real property
interests to other local governments for less than fair market
value.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 272.001, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (l) to
read as follows:
(a) Except for the types of land and interests covered by
Subsection (b), (g), (h), (i), [or] (j), or (l), and except as
provided by Section 253.008, before land owned by a political
subdivision of the state may be sold or exchanged for other land,
notice to the general public of the offer of the land for sale or
exchange must be published in a newspaper of general circulation in
either the county in which the land is located or, if there is no
such newspaper, in an adjoining county. The notice must include a
description of the land, including its location, and the procedure
by which sealed bids to purchase the land or offers to exchange the
land may be submitted. The notice must be published on two separate
dates and the sale or exchange may not be made until after the 14th
day after the date of the second publication.
(l) The notice and bidding requirements provided by
Subsection (a) do not apply to a donation or sale made under this
subsection. A political subdivision may donate or sell for less
than fair market value a designated parcel of land or an interest in
real property to another political subdivision if:
(1) the land or interest will be used by the political
subdivision to which it is donated or sold in carrying out a purpose
that benefits the public interest of the donating or selling
political subdivision;
(2) the donation or sale of the land or interest is
made under terms that effect and maintain the public purpose for
which the donation or sale is made; and
(3) the title and right to possession of the land or
interest revert to the donating or selling political subdivision if
the acquiring political subdivision ceases to use the land or
interest in carrying out the public purpose.
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.