88R16320 MP-F
By: Perez H.B. No. 1511
Substitute the following for H.B. No. 1511:
By: Ordaz C.S.H.B. No. 1511
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of real property interests by
navigation districts and port authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 60.038, Water Code, is
amended to read as follows:
Sec. 60.038. DISPOSITION [SALE OR LEASE] OF INTERESTS IN
REAL PROPERTY [LAND].
SECTION 2. Section 60.038, Water Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsections (e),
(f), and (g) to read as follows:
(a) A district may sell, exchange, or lease real property or
any interest in real property [all or any part of land] owned by it,
whether the real property was [land is] acquired by gift or
purchase, in settlement of any litigation, controversy, or claim in
behalf of the district, or in any other manner, except that lands or
flats heretofore purchased from the State of Texas under former
Article 8225, Revised Civil Statutes of Texas, 1925, or granted by
the State of Texas in any general or special act, may be sold only to
the State of Texas or exchanged with the State of Texas for other
lands or exchanged for adjacent littoral land as authorized by
Section 61.117 [of this code]. The district may impose
restrictions on the development, use, and transfer of any real
property or interest in real property in connection with its sale or
exchange under this section.
(b) Except as provided by Subsection (e), before [Before] a
district may sell or exchange real property [land], the commission
shall determine by resolution that the real property [land] is no
longer needed for use by the district in connection with the
development of a navigation project.
(c) Except as provided by Subsection (e), (f), or (g), a
sale [Sale] or exchange [lease] of real property [land] shall be
made as provided by Sections 60.040, 60.041, and 60.042
[60.039-60.042 of this code].
(e) A district may donate, exchange, convey, sell, or lease
land, improvements, easements, or any other interests in real
property to an electric utility, as that term is defined by Section
31.002, Utilities Code, or a telecommunications utility, as that
term is defined by Section 51.002, Utilities Code, to promote a
public purpose related to the development of the district. The
district shall determine the terms and conditions of the
transaction so as to:
(1) achieve the public purpose; and
(2) be consistent with the requirements of Title 2,
Utilities Code.
(f) A district may donate, exchange, convey, sell, or lease
a real property interest under Subsection (e) for less than its fair
market value and without complying with the notice and bidding
requirements of Sections 60.040, 60.041, and 60.042.
(g) Narrow strips of real property resulting from boundary
or surveying conflicts or similar causes, or from insubstantial
encroachments by abutting real property owners, or real property of
larger configuration that has been subject to encroachments by
abutting real property owners for more than 25 years may be
abandoned, released, exchanged, or transferred to such abutting
owners on terms and conditions considered appropriate or
advantageous to the district. A district may convey real property
under this subsection for less than its fair market value and
without complying with the notice and bidding requirements of
Sections 60.040, 60.041, and 60.042.
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, 2023.