87R1898 JAM-F
By: González of El Paso H.B. No. 452
A BILL TO BE ENTITLED
AN ACT
relating to a study regarding the feasibility of creating a
mechanism by which a governmental entity could acquire small
parcels of real property in an area and convey them to a developer
in order to ensure the property is developed in compliance with
model subdivision rules.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The General Land Office, in cooperation with
the secretary of state, the commissioners court of the county, and
the colonia ombudsperson in the county, if applicable, shall
conduct a study of the feasibility of establishing a mechanism by
which a governmental entity could:
(1) acquire contiguous small parcels of real property
that:
(A) have nominal value; and
(B) are located in a county that has a population
of more than 800,000 and is located on the international border;
(2) combine the properties described by Subdivision
(1) of this subsection in a manner that makes the properties
marketable for development; and
(3) convey the properties described by Subdivision (1)
of this subsection for development in a manner that complies with
standards prescribed by model subdivision rules adopted under
Section 16.343, Water Code.
(b) The study conducted under this section must:
(1) establish methods for identifying property that is
suitable for acquisition;
(2) establish methods for identifying owners of
property that is considered suitable for acquisition;
(3) establish methods for notifying the owners of the
owners' tax obligations;
(4) identify appropriate methods of acquiring,
holding title to, and conveying the property and include an
analysis of the appropriateness of acquiring the property through
the use of a land trust, land bank, or other mechanism;
(5) identify appropriate methods of compensating the
owners of the property acquired;
(6) identify any appropriate land use or development
requirements or restrictions for the property; and
(7) identify any legislative action necessary to
facilitate the establishment of a mechanism described by this
section.
(c) In identifying appropriate methods of acquiring title
to property under Subsection (b) of this section, the study may not
consider and the report required by Subsection (e) of this section
may not recommend the exercise of the power of eminent domain.
(d) In assessing the feasibility of using a land bank to
acquire, hold title to, and convey property under Subsection (b) of
this section, the study must:
(1) determine the legality of an economic development
corporation participating in a land bank;
(2) address the feasibility of expediting the process
for a land bank to purchase properties on which the taxes are
delinquent; and
(3) identify an appropriate state agency capable of
providing administrative or personnel assistance to a governmental
entity attempting to:
(A) identify owners of property that is
considered suitable for acquisition by a land bank and notify those
owners of the owners' tax obligations;
(B) combine properties in a manner that makes the
properties marketable for development; and
(C) convey the properties for development in a
manner that complies with standards prescribed by model subdivision
rules adopted under Section 16.343, Water Code.
(e) Not later than December 1, 2022, the General Land Office
shall provide to the legislature a report containing the results of
the study conducted under this section.
SECTION 2. The General Land Office is required to implement
this Act only if the office receives donations to cover the cost of
conducting the study required by Section 1 of this Act in an amount
sufficient for that purpose.
SECTION 3. 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, 2021.