Texas 2021 - 87th Regular

Texas House Bill HB452 Compare Versions

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

Old	New	Differences
1	1	87R1898 JAM-F
2	2	By: González of El Paso H.B. No. 452
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a study regarding the feasibility of creating a
8	8	mechanism by which a governmental entity could acquire small
9	9	parcels of real property in an area and convey them to a developer
10	10	in order to ensure the property is developed in compliance with
11	11	model subdivision rules.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. (a) The General Land Office, in cooperation with
14	14	the secretary of state, the commissioners court of the county, and
15	15	the colonia ombudsperson in the county, if applicable, shall
16	16	conduct a study of the feasibility of establishing a mechanism by
17	17	which a governmental entity could:
18	18	(1) acquire contiguous small parcels of real property
19	19	that:
20	20	(A) have nominal value; and
21	21	(B) are located in a county that has a population
22	22	of more than 800,000 and is located on the international border;
23	23	(2) combine the properties described by Subdivision
24	24	(1) of this subsection in a manner that makes the properties
25	25	marketable for development; and
26	26	(3) convey the properties described by Subdivision (1)
27	27	of this subsection for development in a manner that complies with
28	28	standards prescribed by model subdivision rules adopted under
29	29	Section 16.343, Water Code.
30	30	(b) The study conducted under this section must:
31	31	(1) establish methods for identifying property that is
32	32	suitable for acquisition;
33	33	(2) establish methods for identifying owners of
34	34	property that is considered suitable for acquisition;
35	35	(3) establish methods for notifying the owners of the
36	36	owners' tax obligations;
37	37	(4) identify appropriate methods of acquiring,
38	38	holding title to, and conveying the property and include an
39	39	analysis of the appropriateness of acquiring the property through
40	40	the use of a land trust, land bank, or other mechanism;
41	41	(5) identify appropriate methods of compensating the
42	42	owners of the property acquired;
43	43	(6) identify any appropriate land use or development
44	44	requirements or restrictions for the property; and
45	45	(7) identify any legislative action necessary to
46	46	facilitate the establishment of a mechanism described by this
47	47	section.
48	48	(c) In identifying appropriate methods of acquiring title
49	49	to property under Subsection (b) of this section, the study may not
50	50	consider and the report required by Subsection (e) of this section
51	51	may not recommend the exercise of the power of eminent domain.
52	52	(d) In assessing the feasibility of using a land bank to
53	53	acquire, hold title to, and convey property under Subsection (b) of
54	54	this section, the study must:
55	55	(1) determine the legality of an economic development
56	56	corporation participating in a land bank;
57	57	(2) address the feasibility of expediting the process
58	58	for a land bank to purchase properties on which the taxes are
59	59	delinquent; and
60	60	(3) identify an appropriate state agency capable of
61	61	providing administrative or personnel assistance to a governmental
62	62	entity attempting to:
63	63	(A) identify owners of property that is
64	64	considered suitable for acquisition by a land bank and notify those
65	65	owners of the owners' tax obligations;
66	66	(B) combine properties in a manner that makes the
67	67	properties marketable for development; and
68	68	(C) convey the properties for development in a
69	69	manner that complies with standards prescribed by model subdivision
70	70	rules adopted under Section 16.343, Water Code.
71	71	(e) Not later than December 1, 2022, the General Land Office
72	72	shall provide to the legislature a report containing the results of
73	73	the study conducted under this section.
74	74	SECTION 2. The General Land Office is required to implement
75	75	this Act only if the office receives donations to cover the cost of
76	76	conducting the study required by Section 1 of this Act in an amount
77	77	sufficient for that purpose.
78	78	SECTION 3. This Act takes effect immediately if it receives
79	79	a vote of two-thirds of all the members elected to each house, as
80	80	provided by Section 39, Article III, Texas Constitution. If this
81	81	Act does not receive the vote necessary for immediate effect, this
82	82	Act takes effect September 1, 2021.