88R1592 JTZ-D
By: Murr H.B. No. 149
A BILL TO BE ENTITLED
AN ACT
relating to the sale of park land owned by certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 253.001(f), Local Government Code, is
amended to read as follows:
(f) The election requirements of Subsection (b) do not apply
to a conveyance of a park if:
(1) the park is owned by a home-rule municipality
[with a population of more than one million];
(2) it is a park of two acres or less;
(3) the park is no longer usable and functional as a
park;
(4) the proceeds of the sale will be used to acquire
land for park purposes;
(5) a public hearing on the proposed conveyance is
held by the governing body of the home-rule municipality and that
body finds that the property is no longer usable and functional as a
park; and
(6) the park is conveyed pursuant to an ordinance
adopted by the governing body of the home-rule municipality, unless
within 60 days from the date of the public hearing the governing
body of the home-rule municipality is presented with a petition
opposing the conveyance which contains the name, address, and date
of signature of no less than 1,500 registered voters residing
within the municipal limits of the municipality; then, the
governing body of the home-rule municipality shall either deny the
conveyance or shall approve the conveyance subject to the election
required in Subsection (b); or
(7) the conveyance involves an exchange of two
existing parks, situated within a home-rule municipality with a
population of more than one million, that together total 1.5 acres
or less in size, that are located within 1,000 feet of each other,
that are located in an industrial area, that have been found in a
public hearing to no longer be usable and functional as parks, and
that are conveyed pursuant to an ordinance, adopted by the
governing body of that municipality, that has an effective date
before December 1, 1993.
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, 2023.