| 1 | 1 | | By: Flynn, Guillen (Senate Sponsor - Van de Putte) H.B. No. 282 |
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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 | | Veteran Affairs and Military Installations; May 12, 2011, reported |
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| 5 | 5 | | favorably by the following vote: Yeas 5, Nays 0; May 12, 2011, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to an analysis by the adjutant general of facility needs of |
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| 12 | 12 | | state military forces before grants or conveyances of real |
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| 13 | 13 | | property. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Section 431.0301(c), Government Code, is amended |
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| 16 | 16 | | to read as follows: |
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| 17 | 17 | | (c) The adjutant general may: |
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| 18 | 18 | | (1) hold, manage, or maintain the property; |
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| 19 | 19 | | (2) after the analysis required under Section |
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| 20 | 20 | | 431.0308, if applicable, lease[,] or sell the property; and |
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| 21 | 21 | | (3) [may] pledge all or part of the rents, issues, and |
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| 22 | 22 | | profits of the property. |
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| 23 | 23 | | SECTION 2. Section 431.0303(a), Government Code, is amended |
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| 24 | 24 | | to read as follows: |
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| 25 | 25 | | (a) After the analysis required under Section 431.0308, if |
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| 26 | 26 | | applicable, the [The] adjutant general may lease property to any |
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| 27 | 27 | | person under terms the adjutant general determines. |
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| 28 | 28 | | SECTION 3. Section 431.0305(a), Government Code, is amended |
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| 29 | 29 | | to read as follows: |
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| 30 | 30 | | (a) When property that the adjutant general owns or that is |
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| 31 | 31 | | transferred to the state under Section 431.0304 is fully paid for |
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| 32 | 32 | | and free of liens, and all obligations incurred in connection with |
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| 33 | 33 | | the acquisition and construction of the property have been fully |
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| 34 | 34 | | paid, the adjutant general may, after conducting the analysis |
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| 35 | 35 | | required under Section 431.0308, if applicable, properly dispose of |
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| 36 | 36 | | the property if: |
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| 37 | 37 | | (1) the property is designated by the adjutant general |
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| 38 | 38 | | as surplus; and |
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| 39 | 39 | | (2) the disposal is in the best interests of the |
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| 40 | 40 | | adjutant general and the state military forces and its components |
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| 41 | 41 | | or successors. |
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| 42 | 42 | | SECTION 4. Subchapter B, Chapter 431, Government Code, is |
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| 43 | 43 | | amended by adding Section 431.0308 to read as follows: |
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| 44 | 44 | | Sec. 431.0308. ANALYSIS OF FACILITY SPACE BEFORE REAL |
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| 45 | 45 | | PROPERTY GRANT OR CONVEYANCE. Before granting or conveying an |
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| 46 | 46 | | interest in real property under this subchapter, the adjutant |
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| 47 | 47 | | general must conduct an analysis evaluating whether each unit of |
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| 48 | 48 | | the state military forces has adequate facility space to ensure |
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| 49 | 49 | | that ongoing operations are maintained. |
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| 50 | 50 | | SECTION 5. The changes in law made by this Act apply only to |
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| 51 | 51 | | a grant or conveyance of an interest in real property that occurs on |
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| 52 | 52 | | or after the effective date of this Act. For the purposes of this |
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| 53 | 53 | | section, a grant or conveyance of an interest in real property |
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| 54 | 54 | | occurs before the effective date of this Act if the adjutant general |
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| 55 | 55 | | is bound by contract before that date to make the grant or |
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| 56 | 56 | | conveyance. |
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| 57 | 57 | | SECTION 6. This Act takes effect September 1, 2011. |
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| 58 | 58 | | * * * * * |
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