| 1 | 1 | | 85R2310 PAM-D |
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| 2 | 2 | | By: RodrÃguez S.B. No. 438 |
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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 conveyance of property by a municipality for the |
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| 8 | 8 | | public purpose of economic development. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 253, Local Government Code, is amended |
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| 11 | 11 | | by adding Section 253.0125 to read as follows: |
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| 12 | 12 | | Sec. 253.0125. CONVEYANCE OF PROPERTY FOR ECONOMIC |
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| 13 | 13 | | DEVELOPMENT PURPOSES. (a) This section applies only to an entity |
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| 14 | 14 | | and a municipality that have entered into an economic development |
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| 15 | 15 | | agreement authorized by Chapter 380. |
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| 16 | 16 | | (b) Notwithstanding Section 272.001(a) or other law, a |
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| 17 | 17 | | municipality may transfer to an entity real property or an interest |
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| 18 | 18 | | in real property for consideration described by this section. |
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| 19 | 19 | | (c) Consideration for a transfer authorized by this section |
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| 20 | 20 | | is in the form of an agreement between the parties that requires the |
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| 21 | 21 | | entity to use the property in a manner that primarily promotes a |
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| 22 | 22 | | public purpose of the municipality relating to economic |
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| 23 | 23 | | development. The agreement must include provisions under which the |
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| 24 | 24 | | municipality is granted sufficient control to ensure that the |
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| 25 | 25 | | public purpose is accomplished and the municipality receives the |
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| 26 | 26 | | return benefit. |
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| 27 | 27 | | (d) Before making a transfer under an agreement as provided |
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| 28 | 28 | | by this section, the municipality shall provide notice to the |
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| 29 | 29 | | general public published in a newspaper of general circulation in |
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| 30 | 30 | | the county in which the property is located or, if there is no such |
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| 31 | 31 | | newspaper, in an adjoining county. The notice must: |
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| 32 | 32 | | (1) include a description of the real property, |
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| 33 | 33 | | including its location; and |
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| 34 | 34 | | (2) be published on two separate days within 10 days |
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| 35 | 35 | | before the date the property or an interest in the property is |
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| 36 | 36 | | transferred. |
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| 37 | 37 | | SECTION 2. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2017. |
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