H.B. No. 844
AN ACT
relating to the sale or lease of property by certain municipalities
owning land near the shoreline of certain lakes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 272.001(h), Local Government Code, is
amended to read as follows:
(h) A municipality having a population of 825,000 [575,000]
or less and owning land within 5,000 feet of where the shoreline of
a lake would be if the lake were filled to its storage capacity may,
without notice or the solicitation of bids, sell the land to the
person leasing the land for the fair market value of the land as
determined by a certified appraiser. While land described by this
subsection is under lease, the municipality owning the land may not
sell the land to any person other than the person leasing the land.
To protect the public health, safety, or welfare and to ensure an
adequate municipal water supply, property sold by the municipality
under this subsection is not eligible for and the owner is not
entitled to the exemption provided by Section 11.142(a), Water
Code. The instrument conveying property under this subsection must
include a provision stating that the exemption does not apply to the
conveyance. In this subsection, "lake" means an inland body of
standing water, including a reservoir formed by impounding the
water of a river or creek but not including an impoundment of salt
water or brackish water, that has a storage capacity of more than
10,000 acre-feet.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 844 was passed by the House on April
26, 2011, by the following vote: Yeas 147, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 844 was passed by the Senate on May
25, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor