| 1 | 1 | | By: Geren (Senate Sponsor - Nelson) H.B. No. 844 |
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| 2 | 2 | | (In the Senate - Received from the House April 27, 2011; |
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| 3 | 3 | | May 2, 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 the sale or lease of property by certain municipalities |
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| 11 | 11 | | owning land near the shoreline of certain lakes. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 272.001(h), Local Government Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (h) A municipality having a population of 825,000 [575,000] |
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| 16 | 16 | | or less and owning land within 5,000 feet of where the shoreline of |
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| 17 | 17 | | a lake would be if the lake were filled to its storage capacity may, |
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| 18 | 18 | | without notice or the solicitation of bids, sell the land to the |
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| 19 | 19 | | person leasing the land for the fair market value of the land as |
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| 20 | 20 | | determined by a certified appraiser. While land described by this |
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| 21 | 21 | | subsection is under lease, the municipality owning the land may not |
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| 22 | 22 | | sell the land to any person other than the person leasing the land. |
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| 23 | 23 | | To protect the public health, safety, or welfare and to ensure an |
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| 24 | 24 | | adequate municipal water supply, property sold by the municipality |
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| 25 | 25 | | under this subsection is not eligible for and the owner is not |
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| 26 | 26 | | entitled to the exemption provided by Section 11.142(a), Water |
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| 27 | 27 | | Code. The instrument conveying property under this subsection must |
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| 28 | 28 | | include a provision stating that the exemption does not apply to the |
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| 29 | 29 | | conveyance. In this subsection, "lake" means an inland body of |
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| 30 | 30 | | standing water, including a reservoir formed by impounding the |
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| 31 | 31 | | water of a river or creek but not including an impoundment of salt |
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| 32 | 32 | | water or brackish water, that has a storage capacity of more than |
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| 33 | 33 | | 10,000 acre-feet. |
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| 34 | 34 | | SECTION 2. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2011. |
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| 39 | 39 | | * * * * * |
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