87R12894 MP-D
By: Alvarado, et al. S.B. No. 1774
A BILL TO BE ENTITLED
AN ACT
relating to the conveyance of certain real property by certain
navigation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 60, Water Code, is amended
by adding Section 60.0381 to read as follows:
Sec. 60.0381. CONVEYANCE OF LAND BY CERTAIN NAVIGATION
DISTRICTS. (a) This section applies only to a district that
controls a ship channel or waterway that is the subject of a project
for deepening the channel or waterway that has been authorized or
modified by the United States Congress in the Water Resources
Reform and Development Act of 2014 or the Water Resources
Development Act of 2020.
(b) Notwithstanding any other provision of law, to the
extent that a district has entered into a surface lease with an
original term of at least 20 years, the district may sell the land,
improvements, easements, or any other interests in the real
property to the surface lease counterparty according to this
section. The land, improvements, easements, or any other interests
in real property may be conveyed by the district to the surface
lease counterparty, without complying with the notice and bidding
or other requirements of Sections 60.040-60.042. The sale must be:
(1) approved by the port commission;
(2) executed by the chair of the port commission;
(3) attested by the executive director of the
district; and
(4) made for an amount that is not less than the
reasonable market value of the land, improvements paid for by the
district, easements, or other interest in real property, as
applicable, at the time of contracting for the sale.
(c) Money received from the sale of real property as
described by this section in excess of the reasonable market value
of the property may be used only for the purpose of deepening and
widening of the channel or waterway.
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, 2021.