By: Flynn, Guillen (Senate Sponsor - Van de Putte) H.B. No. 282
(In the Senate - Received from the House April 11, 2011;
April 26, 2011, read first time and referred to Committee on
Veteran Affairs and Military Installations; May 12, 2011, reported
favorably by the following vote: Yeas 5, Nays 0; May 12, 2011,
sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to an analysis by the adjutant general of facility needs of
state military forces before grants or conveyances of real
property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 431.0301(c), Government Code, is amended
to read as follows:
(c) The adjutant general may:
(1) hold, manage, or maintain the property;
(2) after the analysis required under Section
431.0308, if applicable, lease[,] or sell the property; and
(3) [may] pledge all or part of the rents, issues, and
profits of the property.
SECTION 2. Section 431.0303(a), Government Code, is amended
to read as follows:
(a) After the analysis required under Section 431.0308, if
applicable, the [The] adjutant general may lease property to any
person under terms the adjutant general determines.
SECTION 3. Section 431.0305(a), Government Code, is amended
to read as follows:
(a) When property that the adjutant general owns or that is
transferred to the state under Section 431.0304 is fully paid for
and free of liens, and all obligations incurred in connection with
the acquisition and construction of the property have been fully
paid, the adjutant general may, after conducting the analysis
required under Section 431.0308, if applicable, properly dispose of
the property if:
(1) the property is designated by the adjutant general
as surplus; and
(2) the disposal is in the best interests of the
adjutant general and the state military forces and its components
or successors.
SECTION 4. Subchapter B, Chapter 431, Government Code, is
amended by adding Section 431.0308 to read as follows:
Sec. 431.0308. ANALYSIS OF FACILITY SPACE BEFORE REAL
PROPERTY GRANT OR CONVEYANCE. Before granting or conveying an
interest in real property under this subchapter, the adjutant
general must conduct an analysis evaluating whether each unit of
the state military forces has adequate facility space to ensure
that ongoing operations are maintained.
SECTION 5. The changes in law made by this Act apply only to
a grant or conveyance of an interest in real property that occurs on
or after the effective date of this Act. For the purposes of this
section, a grant or conveyance of an interest in real property
occurs before the effective date of this Act if the adjutant general
is bound by contract before that date to make the grant or
conveyance.
SECTION 6. This Act takes effect September 1, 2011.
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