| 1 | 1 | | 88R1592 JTZ-D |
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| 2 | 2 | | By: Murr H.B. No. 149 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the sale of park land owned by certain municipalities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 253.001(f), Local Government Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (f) The election requirements of Subsection (b) do not apply |
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| 12 | 12 | | to a conveyance of a park if: |
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| 13 | 13 | | (1) the park is owned by a home-rule municipality |
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| 14 | 14 | | [with a population of more than one million]; |
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| 15 | 15 | | (2) it is a park of two acres or less; |
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| 16 | 16 | | (3) the park is no longer usable and functional as a |
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| 17 | 17 | | park; |
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| 18 | 18 | | (4) the proceeds of the sale will be used to acquire |
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| 19 | 19 | | land for park purposes; |
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| 20 | 20 | | (5) a public hearing on the proposed conveyance is |
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| 21 | 21 | | held by the governing body of the home-rule municipality and that |
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| 22 | 22 | | body finds that the property is no longer usable and functional as a |
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| 23 | 23 | | park; and |
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| 24 | 24 | | (6) the park is conveyed pursuant to an ordinance |
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| 25 | 25 | | adopted by the governing body of the home-rule municipality, unless |
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| 26 | 26 | | within 60 days from the date of the public hearing the governing |
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| 27 | 27 | | body of the home-rule municipality is presented with a petition |
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| 28 | 28 | | opposing the conveyance which contains the name, address, and date |
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| 29 | 29 | | of signature of no less than 1,500 registered voters residing |
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| 30 | 30 | | within the municipal limits of the municipality; then, the |
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| 31 | 31 | | governing body of the home-rule municipality shall either deny the |
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| 32 | 32 | | conveyance or shall approve the conveyance subject to the election |
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| 33 | 33 | | required in Subsection (b); or |
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| 34 | 34 | | (7) the conveyance involves an exchange of two |
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| 35 | 35 | | existing parks, situated within a home-rule municipality with a |
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| 36 | 36 | | population of more than one million, that together total 1.5 acres |
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| 37 | 37 | | or less in size, that are located within 1,000 feet of each other, |
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| 38 | 38 | | that are located in an industrial area, that have been found in a |
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| 39 | 39 | | public hearing to no longer be usable and functional as parks, and |
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| 40 | 40 | | that are conveyed pursuant to an ordinance, adopted by the |
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| 41 | 41 | | governing body of that municipality, that has an effective date |
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| 42 | 42 | | before December 1, 1993. |
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| 43 | 43 | | SECTION 2. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2023. |
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