Texas 2023 - 88th Regular

Texas House Bill HB5080 Latest Draft

Bill / Engrossed Version Filed 05/09/2023

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                            88R63 DRS-D
 By: Sherman, Sr. H.B. No. 5080


 A BILL TO BE ENTITLED
 AN ACT
 relating to authorizing certain municipalities to exchange certain
 property with a private person.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 253, Local Government Code, is amended
 by adding Section 253.015 to read as follows:
 Sec. 253.015.  EXCHANGE OF CERTAIN PARK LAND WITH PRIVATE
 PERSONS. (a) This section applies to a municipality with a
 population greater than 290,000.
 (b)  A municipality may, for consideration described by this
 section, exchange real property with a private person for real
 property without complying with the notice and bidding requirements
 of Section 272.001(a) or other law.
 (c)  A municipality may only exchange property under this
 section if the property is:
 (1)  owned by the municipality;
 (2)  10 acres or less; and
 (3)  currently being used as a park, recreation area,
 or wildlife refuge.
 (d)  Consideration for an exchange of real property
 authorized by this section is in the form of an agreement between
 the parties that requires the private person to use the property for
 one or more of the following purposes that benefits the
 municipality:
 (1)  affordable housing;
 (2)  a park; or
 (3)  improvements or amenities compatible with use as a
 park.
 (e)  If the private person fails to use the exchanged real
 property in the manner provided by the agreement between the
 private party and the municipality, the transfer of the property is
 void and ownership of the exchanged property automatically reverts
 to the municipality and the private person as before the transfer
 took place.
 SECTION 2.  This Act takes effect September 1, 2023.