Texas 2021 - 87th Regular

Texas House Bill HB3229 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1800 NC-D
2	2	By: Moody H.B. No. 3229
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the conveyance of property by a municipality for the
8	8	public purpose of economic development.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 253, Local Government Code, is amended
11	11	by adding Section 253.0125 to read as follows:
12	12	Sec. 253.0125. CONVEYANCE OF PROPERTY FOR ECONOMIC
13	13	DEVELOPMENT PURPOSES. (a) This section applies only to an entity
14	14	and a municipality that have entered into an economic development
15	15	agreement authorized by Chapter 380.
16	16	(b) Notwithstanding Section 253.008 or 272.001(a) or other
17	17	law, a municipality, except as provided by Subsection (d) of this
18	18	section, may transfer to an entity real property or an interest in
19	19	real property for consideration described by this section.
20	20	(c) Consideration for a transfer authorized by this section
21	21	is in the form of an agreement between the parties that requires the
22	22	entity to use the property in a manner that primarily promotes a
23	23	public purpose of the municipality relating to economic
24	24	development. The agreement must include provisions under which the
25	25	municipality is granted sufficient control to ensure that the
26	26	public purpose is accomplished and the municipality receives the
27	27	return benefit.
28	28	(d) A municipality may not transfer for consideration
29	29	authorized by this section real property or an interest in real
30	30	property the municipality owns, holds, or claims as a public square
31	31	or park.
32	32	(e) Before making a transfer under an agreement as provided
33	33	by this section, the municipality shall provide notice to the
34	34	general public published in a newspaper of general circulation in
35	35	the county in which the property is located or, if there is no such
36	36	newspaper, by any means for the municipality to provide public
37	37	notice authorized by statute or by ordinance of the municipality.
38	38	The notice must:
39	39	(1) include a description of the real property,
40	40	including its location;
41	41	(2) be provided within 10 days before the date the
42	42	property or an interest in the property is transferred; and
43	43	(3) be published for two separate days within the
44	44	period prescribed by Subdivision (2), if the notice is published in
45	45	a newspaper.
46	46	(f) A municipality may transfer under this section real
47	47	property that was acquired by the municipality from the previous
48	48	owner by the exercise of eminent domain authority or the threat of
49	49	the exercise of eminent domain authority only if:
50	50	(1) the municipality offers the previous owner an
51	51	opportunity to repurchase the real property at the current market
52	52	value and the previous owner declines the offer; or
53	53	(2) the municipality cannot locate the previous owner
54	54	with reasonable effort.
55	55	(g) This section does not constitute a grant or expansion of
56	56	eminent domain authority.
57	57	SECTION 2. This Act takes effect immediately if it receives
58	58	a vote of two-thirds of all the members elected to each house, as
59	59	provided by Section 39, Article III, Texas Constitution. If this
60	60	Act does not receive the vote necessary for immediate effect, this
61	61	Act takes effect September 1, 2021.