TX
Texas House Bill HB1352

Texas 2017 - 85th Regular

Texas House Bill HB1352 Compare Versions

OldNewDifferences
1-85R2310 PAM-D
2- By: Pickett, Ortega H.B. No. 1352
1+By: Pickett, Ortega, Moody, Blanco H.B. No. 1352
32
43
54 A BILL TO BE ENTITLED
65 AN ACT
76 relating to the conveyance of property by a municipality for the
87 public purpose of economic development.
98 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
109 SECTION 1. Chapter 253, Local Government Code, is amended
1110 by adding Section 253.0125 to read as follows:
1211 Sec. 253.0125. CONVEYANCE OF PROPERTY FOR ECONOMIC
1312 DEVELOPMENT PURPOSES. (a) This section applies only to an entity
1413 and a municipality that have entered into an economic development
1514 agreement authorized by Chapter 380.
16- (b) Notwithstanding Section 272.001(a) or other law, a
17- municipality may transfer to an entity real property or an interest
18- in real property for consideration described by this section.
15+ (b) Notwithstanding Section 253.008 or 272.001(a) or other
16+ law, a municipality, except as provided by Subsection (d), may
17+ transfer to an entity real property or an interest in real property
18+ for consideration described by this section.
1919 (c) Consideration for a transfer authorized by this section
2020 is in the form of an agreement between the parties that requires the
2121 entity to use the property in a manner that primarily promotes a
2222 public purpose of the municipality relating to economic
2323 development. The agreement must include provisions under which the
2424 municipality is granted sufficient control to ensure that the
2525 public purpose is accomplished and the municipality receives the
2626 return benefit.
27- (d) Before making a transfer under an agreement as provided
27+ (d) A municipality may not transfer for consideration
28+ authorized by this section real property or an interest in real
29+ property the municipality owns, holds, or claims as a public square
30+ or park.
31+ (e) Before making a transfer under an agreement as provided
2832 by this section, the municipality shall provide notice to the
2933 general public published in a newspaper of general circulation in
3034 the county in which the property is located or, if there is no such
31- newspaper, in an adjoining county. The notice must:
35+ newspaper, by any means for the municipality to provide public
36+ notice authorized by statute or by ordinance of the municipality.
37+ The notice must:
3238 (1) include a description of the real property,
33- including its location; and
34- (2) be published on two separate days within 10 days
35- before the date the property or an interest in the property is
36- transferred.
39+ including its location;
40+ (2) be provided within 10 days before the date the
41+ property or an interest in the property is transferred; and
42+ (3) be published for two separate days within the
43+ period prescribed by Subdivision (2), if the notice is published in
44+ a newspaper.
45+ (f) A municipality may not transfer real property for
46+ consideration described by this section if the real property was
47+ acquired by the municipality from the previous owner by the
48+ exercise of eminent domain authority or the threat of the exercise
49+ of eminent domain authority. The prohibition provided by this
50+ subsection does not apply if:
51+ (1) the municipality offers the previous owner an
52+ opportunity to repurchase the real property at the current market
53+ value and the previous owner declines the offer; or
54+ (2) the municipality cannot locate the previous owner
55+ with reasonable effort.
56+ (g) This section does not constitute a grant or expansion of
57+ eminent domain authority.
3758 SECTION 2. This Act takes effect immediately if it receives
3859 a vote of two-thirds of all the members elected to each house, as
3960 provided by Section 39, Article III, Texas Constitution. If this
4061 Act does not receive the vote necessary for immediate effect, this
4162 Act takes effect September 1, 2017.