| 1 | 1 | | 88R63 DRS-D |
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| 2 | 2 | | By: Sherman, Sr. H.B. No. 5080 |
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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 authorizing certain municipalities to exchange certain |
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| 8 | 8 | | property with a private person. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 253, Local Government Code, is amended |
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| 11 | 11 | | by adding Section 253.015 to read as follows: |
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| 12 | 12 | | Sec. 253.015. EXCHANGE OF CERTAIN PARK LAND WITH PRIVATE |
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| 13 | 13 | | PERSONS. (a) This section applies to a municipality with a |
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| 14 | 14 | | population greater than 290,000. |
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| 15 | 15 | | (b) A municipality may, for consideration described by this |
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| 16 | 16 | | section, exchange real property with a private person for real |
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| 17 | 17 | | property without complying with the notice and bidding requirements |
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| 18 | 18 | | of Section 272.001(a) or other law. |
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| 19 | 19 | | (c) A municipality may only exchange property under this |
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| 20 | 20 | | section if the property is: |
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| 21 | 21 | | (1) owned by the municipality; |
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| 22 | 22 | | (2) 10 acres or less; and |
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| 23 | 23 | | (3) currently being used as a park, recreation area, |
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| 24 | 24 | | or wildlife refuge. |
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| 25 | 25 | | (d) Consideration for an exchange of real property |
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| 26 | 26 | | authorized by this section is in the form of an agreement between |
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| 27 | 27 | | the parties that requires the private person to use the property for |
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| 28 | 28 | | one or more of the following purposes that benefits the |
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| 29 | 29 | | municipality: |
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| 30 | 30 | | (1) affordable housing; |
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| 31 | 31 | | (2) a park; or |
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| 32 | 32 | | (3) improvements or amenities compatible with use as a |
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| 33 | 33 | | park. |
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| 34 | 34 | | (e) If the private person fails to use the exchanged real |
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| 35 | 35 | | property in the manner provided by the agreement between the |
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| 36 | 36 | | private party and the municipality, the transfer of the property is |
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| 37 | 37 | | void and ownership of the exchanged property automatically reverts |
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| 38 | 38 | | to the municipality and the private person as before the transfer |
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| 39 | 39 | | took place. |
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| 40 | 40 | | SECTION 2. This Act takes effect September 1, 2023. |
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