| 1 | | - | H.B. No. 837 |
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| 1 | + | By: Geren (Senate Sponsor - Nelson) H.B. No. 837 |
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| 2 | + | (In the Senate - Received from the House April 29, 2019; |
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| 3 | + | April 29, 2019, read first time and referred to Committee on |
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| 4 | + | Intergovernmental Relations; May 13, 2019, reported favorably by |
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| 5 | + | the following vote: Yeas 7, Nays 0; May 13, 2019, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the sale by certain municipalities of leased land |
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| 6 | 12 | | located near the shoreline of a lake. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Section 272.001(h), Local Government Code, is |
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| 9 | 15 | | amended to read as follows: |
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| 10 | 16 | | (h) A municipality, other than a municipality with a |
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| 11 | 17 | | population of more than one million that is located primarily in a |
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| 12 | 18 | | county with a population of two million or more, [having a |
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| 13 | 19 | | population of 825,000 or less and] owning land within 5,000 feet of |
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| 14 | 20 | | where the shoreline of a lake would be if the lake were filled to its |
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| 15 | 21 | | storage capacity may, without notice or the solicitation of bids, |
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| 16 | 22 | | sell the land to the person leasing the land for the fair market |
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| 17 | 23 | | value of the land as determined by a certified appraiser. While |
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| 18 | 24 | | land described by this subsection is under lease, the municipality |
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| 19 | 25 | | owning the land may not sell the land to any person other than the |
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| 20 | 26 | | person leasing the land. To protect the public health, safety, or |
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| 21 | 27 | | welfare and to ensure an adequate municipal water supply, property |
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| 22 | 28 | | sold by the municipality under this subsection is not eligible for |
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| 23 | 29 | | and the owner is not entitled to the exemption provided by Section |
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| 24 | 30 | | 11.142(a), Water Code. The instrument conveying property under |
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| 25 | 31 | | this subsection must include a provision stating that the exemption |
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| 26 | 32 | | does not apply to the conveyance. In this subsection, "lake" means |
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| 27 | 33 | | an inland body of standing water, including a reservoir formed by |
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| 28 | 34 | | impounding the water of a river or creek but not including an |
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| 29 | 35 | | impoundment of salt water or brackish water, that has a storage |
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| 30 | 36 | | capacity of more than 10,000 acre-feet. |
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| 31 | 37 | | SECTION 2. This Act takes effect immediately if it receives |
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| 32 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 41 | | Act takes effect September 1, 2019. |
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| 36 | | - | ______________________________ ______________________________ |
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| 37 | | - | President of the Senate Speaker of the House |
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| 38 | | - | I certify that H.B. No. 837 was passed by the House on April |
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| 39 | | - | 26, 2019, by the following vote: Yeas 137, Nays 2, 2 present, not |
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| 40 | | - | voting. |
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| 41 | | - | ______________________________ |
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| 42 | | - | Chief Clerk of the House |
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| 43 | | - | I certify that H.B. No. 837 was passed by the Senate on May |
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| 44 | | - | 21, 2019, by the following vote: Yeas 31, Nays 0. |
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| 45 | | - | ______________________________ |
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| 46 | | - | Secretary of the Senate |
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| 47 | | - | APPROVED: _____________________ |
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| 48 | | - | Date |
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| 49 | | - | _____________________ |
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| 50 | | - | Governor |
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| 42 | + | * * * * * |
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