| 1 | 1 | | 84R10294 NC-D |
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| 2 | 2 | | By: Isaac H.B. No. 3620 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the acquisition of real property by a municipality. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle A, Title 8, Local Government Code, is |
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| 10 | 10 | | amended by adding Chapter 260 to read as follows: |
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| 11 | 11 | | CHAPTER 260. MISCELLANEOUS PROVISIONS AFFECTING THE ACQUISITION OF |
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| 12 | 12 | | PROPERTY BY MUNICIPALITIES |
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| 13 | 13 | | Sec. 260.001. CONSENT REQUIRED FOR ACQUISITION OF REAL |
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| 14 | 14 | | PROPERTY. A municipality authorized by other law to acquire, by |
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| 15 | 15 | | purchase or exercising the power of eminent domain, real property |
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| 16 | 16 | | located outside the corporate boundaries and extraterritorial |
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| 17 | 17 | | jurisdiction of the municipality may not acquire real property |
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| 18 | 18 | | located outside the corporate boundaries and extraterritorial |
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| 19 | 19 | | jurisdiction of the municipality unless: |
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| 20 | 20 | | (1) if the property is located within the corporate |
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| 21 | 21 | | boundaries or extraterritorial jurisdiction of another |
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| 22 | 22 | | municipality, the purchasing municipality: |
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| 23 | 23 | | (A) obtains written consent for the acquisition |
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| 24 | 24 | | from the governing body of the municipality in which the property is |
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| 25 | 25 | | located; |
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| 26 | 26 | | (B) waives its right to exempt the property from |
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| 27 | 27 | | ad valorem taxes; or |
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| 28 | 28 | | (C) agrees to make, as a payment in lieu of taxes, |
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| 29 | 29 | | a payment in an amount equal to the ad valorem taxes, based on the |
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| 30 | 30 | | actual value of the property, that otherwise would have been |
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| 31 | 31 | | imposed for the preceding tax year on the property by the |
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| 32 | 32 | | municipality in which the property is located; or |
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| 33 | 33 | | (2) if the property is located in the unincorporated |
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| 34 | 34 | | area of the county and not in the extraterritorial jurisdiction of a |
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| 35 | 35 | | municipality, the purchasing municipality: |
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| 36 | 36 | | (A) obtains written consent for the acquisition |
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| 37 | 37 | | from the commissioners court of the county in which the property is |
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| 38 | 38 | | located; |
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| 39 | 39 | | (B) waives its right to exempt the property from |
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| 40 | 40 | | ad valorem taxes; or |
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| 41 | 41 | | (C) agrees to make, as a payment in lieu of taxes, |
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| 42 | 42 | | a payment in an amount equal to the ad valorem taxes, based on the |
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| 43 | 43 | | actual value of the property, that otherwise would have been |
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| 44 | 44 | | imposed for the preceding tax year on the property by the county in |
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| 45 | 45 | | which the property is located. |
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| 46 | 46 | | SECTION 2. This Act takes effect September 1, 2015. |
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