| 1 | 1 | | By: Deshotel (Senate Sponsor - Williams) H.B. No. 2690 |
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| 2 | 2 | | (In the Senate - Received from the House April 11, 2011; |
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| 3 | 3 | | April 26, 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 local governments to convey real property |
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| 11 | 11 | | interests to other local governments for less than fair market |
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| 12 | 12 | | value. |
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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. Section 272.001, Local Government Code, is |
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| 15 | 15 | | amended by amending Subsection (a) and adding Subsection (l) to |
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| 16 | 16 | | read as follows: |
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| 17 | 17 | | (a) Except for the types of land and interests covered by |
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| 18 | 18 | | Subsection (b), (g), (h), (i), [or] (j), or (l), and except as |
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| 19 | 19 | | provided by Section 253.008, before land owned by a political |
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| 20 | 20 | | subdivision of the state may be sold or exchanged for other land, |
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| 21 | 21 | | notice to the general public of the offer of the land for sale or |
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| 22 | 22 | | exchange must be published in a newspaper of general circulation in |
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| 23 | 23 | | either the county in which the land is located or, if there is no |
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| 24 | 24 | | such newspaper, in an adjoining county. The notice must include a |
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| 25 | 25 | | description of the land, including its location, and the procedure |
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| 26 | 26 | | by which sealed bids to purchase the land or offers to exchange the |
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| 27 | 27 | | land may be submitted. The notice must be published on two separate |
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| 28 | 28 | | dates and the sale or exchange may not be made until after the 14th |
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| 29 | 29 | | day after the date of the second publication. |
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| 30 | 30 | | (l) The notice and bidding requirements provided by |
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| 31 | 31 | | Subsection (a) do not apply to a donation or sale made under this |
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| 32 | 32 | | subsection. A political subdivision may donate or sell for less |
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| 33 | 33 | | than fair market value a designated parcel of land or an interest in |
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| 34 | 34 | | real property to another political subdivision if: |
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| 35 | 35 | | (1) the land or interest will be used by the political |
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| 36 | 36 | | subdivision to which it is donated or sold in carrying out a purpose |
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| 37 | 37 | | that benefits the public interest of the donating or selling |
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| 38 | 38 | | political subdivision; |
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| 39 | 39 | | (2) the donation or sale of the land or interest is |
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| 40 | 40 | | made under terms that effect and maintain the public purpose for |
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| 41 | 41 | | which the donation or sale is made; and |
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| 42 | 42 | | (3) the title and right to possession of the land or |
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| 43 | 43 | | interest revert to the donating or selling political subdivision if |
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| 44 | 44 | | the acquiring political subdivision ceases to use the land or |
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| 45 | 45 | | interest in carrying out the public purpose. |
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| 46 | 46 | | SECTION 2. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2011. |
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| 51 | 51 | | * * * * * |
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