| 1 | 1 | | 85R26129 SLB-F |
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| 2 | 2 | | By: Faircloth H.B. No. 2499 |
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| 3 | 3 | | Substitute the following for H.B. No. 2499: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 2499 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the disposition of real property interests by |
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| 10 | 10 | | navigation districts and port authorities. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 60.038, Water Code, is amended to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | Sec. 60.038. DISPOSITION [SALE OR LEASE] OF INTERESTS IN |
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| 15 | 15 | | REAL PROPERTY [LAND]. (a) A district may sell, exchange, or lease |
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| 16 | 16 | | real property or any interest in real property [all or any part of |
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| 17 | 17 | | land] owned by it, whether the real property was [land is] acquired |
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| 18 | 18 | | by gift or purchase, in settlement of any litigation, controversy, |
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| 19 | 19 | | or claim in behalf of the district, or in any other manner, except |
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| 20 | 20 | | that lands or flats heretofore purchased from the State of Texas |
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| 21 | 21 | | under Article 8225, Revised Civil Statutes of Texas, 1925, or |
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| 22 | 22 | | granted by the State of Texas in any general or special act, may be |
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| 23 | 23 | | sold only to the State of Texas or exchanged with the State of Texas |
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| 24 | 24 | | for other lands or exchanged for adjacent littoral land as |
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| 25 | 25 | | authorized by Section 61.117 [of this code]. The district may |
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| 26 | 26 | | impose restrictions on the development, use, and transfer of any |
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| 27 | 27 | | real property or interest in real property in connection with its |
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| 28 | 28 | | sale or exchange under this section. |
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| 29 | 29 | | (b) Except as provided by Subsection (d), before [Before] a |
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| 30 | 30 | | district may sell or exchange real property [land], the commission |
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| 31 | 31 | | shall determine by resolution that the land is no longer needed for |
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| 32 | 32 | | use by the district in connection with the development of a |
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| 33 | 33 | | navigation project. |
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| 34 | 34 | | (c) Except as provided by Subsection (d), (e), or (f), a |
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| 35 | 35 | | sale [Sale] or exchange [lease] of real property [land] shall be |
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| 36 | 36 | | made as provided by Sections 60.040-60.042 [60.039-60.042 of this |
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| 37 | 37 | | code]. |
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| 38 | 38 | | (d) A district may donate, exchange, convey, sell, or lease |
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| 39 | 39 | | land, improvements, easements, or any other interests in real |
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| 40 | 40 | | property to an electric utility, as that term is defined by Section |
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| 41 | 41 | | 31.002, Utilities Code, to promote a public purpose related to the |
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| 42 | 42 | | development of a district. The district shall determine the terms |
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| 43 | 43 | | and conditions of the transaction so as to: |
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| 44 | 44 | | (1) achieve the public purpose; and |
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| 45 | 45 | | (2) be consistent with the requirements of Title 2, |
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| 46 | 46 | | Utilities Code. |
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| 47 | 47 | | (e) A district may donate, exchange, convey, sell, or lease |
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| 48 | 48 | | a real property interest under Subsection (d) for less than its fair |
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| 49 | 49 | | market value and without complying with the notice and bidding |
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| 50 | 50 | | requirements of Sections 60.040-60.042. |
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| 51 | 51 | | (f) Narrow strips of real property resulting from boundary |
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| 52 | 52 | | or surveying conflicts or similar causes, or from insubstantial |
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| 53 | 53 | | encroachments by abutting real property owners, or real property of |
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| 54 | 54 | | larger configuration that has been subject to encroachments by |
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| 55 | 55 | | abutting real property owners for more than 25 years may be |
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| 56 | 56 | | abandoned, released, exchanged, or transferred to such abutting |
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| 57 | 57 | | owners on terms and conditions considered appropriate or |
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| 58 | 58 | | advantageous to the district. A district may convey real property |
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| 59 | 59 | | under this subsection for less than its fair market value and |
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| 60 | 60 | | without complying with the notice and bidding requirements of |
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| 61 | 61 | | Sections 60.040-60.042. |
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| 62 | 62 | | (g) A district may grant easements over, on, or under its |
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| 63 | 63 | | real property on terms and conditions the commission determines to |
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| 64 | 64 | | be advantageous to the district. |
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| 65 | 65 | | (h) The authority granted to a district by this section to |
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| 66 | 66 | | dispose of interests in real property is in addition to any |
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| 67 | 67 | | authority granted by Chapter 272, Local Government Code. |
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| 68 | 68 | | (i) Nothing in this section may be construed to affect the |
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| 69 | 69 | | application by the Parks and Wildlife Department of a statute or |
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| 70 | 70 | | rule governing the taking, conservation, or protection of marine |
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| 71 | 71 | | wildlife, including the authority of the department to issue oyster |
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| 72 | 72 | | leases to individuals and private entities for the purpose of |
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| 73 | 73 | | bedding, harvesting, and selling oysters consistent with Sections |
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| 74 | 74 | | 1.011(d) and 12.001(a), Parks and Wildlife Code, and Chapter 76, |
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| 75 | 75 | | Parks and Wildlife Code. |
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| 76 | 76 | | SECTION 2. This Act takes effect immediately if it receives |
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| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
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| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
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| 80 | 80 | | Act takes effect September 1, 2017. |
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