86R5870 MP-F
By: Geren H.B. No. 837
A BILL TO BE ENTITLED
AN ACT
relating to the sale by certain municipalities of leased land
located near the shoreline of a lake.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 272.001(h), Local Government Code, is
amended to read as follows:
(h) A municipality having a population of 1.5 million
[825,000] or less and owning land within 5,000 feet of where the
shoreline of a lake would be if the lake were filled to its storage
capacity may, without notice or the solicitation of bids, sell the
land to the person leasing the land for the fair market value of the
land as determined by a certified appraiser. While land described
by this subsection is under lease, the municipality owning the land
may not sell the land to any person other than the person leasing
the land. To protect the public health, safety, or welfare and to
ensure an adequate municipal water supply, property sold by the
municipality under this subsection is not eligible for and the
owner is not entitled to the exemption provided by Section
11.142(a), Water Code. The instrument conveying property under
this subsection must include a provision stating that the exemption
does not apply to the conveyance. In this subsection, "lake" means
an inland body of standing water, including a reservoir formed by
impounding the water of a river or creek but not including an
impoundment of salt water or brackish water, that has a storage
capacity of more than 10,000 acre-feet.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.