84R10294 NC-D
By: Isaac H.B. No. 3620
A BILL TO BE ENTITLED
AN ACT
relating to the acquisition of real property by a municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 8, Local Government Code, is
amended by adding Chapter 260 to read as follows:
CHAPTER 260. MISCELLANEOUS PROVISIONS AFFECTING THE ACQUISITION OF
PROPERTY BY MUNICIPALITIES
Sec. 260.001. CONSENT REQUIRED FOR ACQUISITION OF REAL
PROPERTY. A municipality authorized by other law to acquire, by
purchase or exercising the power of eminent domain, real property
located outside the corporate boundaries and extraterritorial
jurisdiction of the municipality may not acquire real property
located outside the corporate boundaries and extraterritorial
jurisdiction of the municipality unless:
(1) if the property is located within the corporate
boundaries or extraterritorial jurisdiction of another
municipality, the purchasing municipality:
(A) obtains written consent for the acquisition
from the governing body of the municipality in which the property is
located;
(B) waives its right to exempt the property from
ad valorem taxes; or
(C) agrees to make, as a payment in lieu of taxes,
a payment in an amount equal to the ad valorem taxes, based on the
actual value of the property, that otherwise would have been
imposed for the preceding tax year on the property by the
municipality in which the property is located; or
(2) if the property is located in the unincorporated
area of the county and not in the extraterritorial jurisdiction of a
municipality, the purchasing municipality:
(A) obtains written consent for the acquisition
from the commissioners court of the county in which the property is
located;
(B) waives its right to exempt the property from
ad valorem taxes; or
(C) agrees to make, as a payment in lieu of taxes,
a payment in an amount equal to the ad valorem taxes, based on the
actual value of the property, that otherwise would have been
imposed for the preceding tax year on the property by the county in
which the property is located.
SECTION 2. This Act takes effect September 1, 2015.