Texas 2023 - 88th Regular

Texas Senate Bill SB543 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 543
2	2
3	3
4	4	AN ACT
5	5	relating to the conveyance of property by a municipality for the
6	6	public purpose of economic development.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 253, Local Government Code, is amended
9	9	by adding Section 253.0125 to read as follows:
10	10	Sec. 253.0125. CONVEYANCE TO CERTAIN ENTITIES FOR ECONOMIC
11	11	DEVELOPMENT PURPOSES. (a) This section applies only to an entity
12	12	and a municipality that have entered into an economic development
13	13	agreement authorized by Chapter 380.
14	14	(b) Notwithstanding Section 253.008 or 272.001(a) or other
15	15	law and except as provided by Subsection (d), a municipality may
16	16	transfer to an entity real property or an interest in real property
17	17	for consideration described by this section.
18	18	(c) Consideration for a transfer authorized by this section
19	19	is in the form of an agreement between the parties that requires the
20	20	entity to use the property in a manner that primarily promotes a
21	21	public purpose of the municipality relating to economic
22	22	development. The agreement must include provisions under which the
23	23	municipality is granted sufficient control to ensure that the
24	24	public purpose is accomplished and the municipality receives the
25	25	return benefit.
26	26	(d) A municipality may not transfer for consideration
27	27	authorized by this section real property or an interest in real
28	28	property the municipality owns, holds, or claims as a public square
29	29	or park.
30	30	(e) Before a municipality may transfer real property or an
31	31	interest in real property under an agreement as provided by this
32	32	section, the municipality must provide notice to the public
33	33	published in a newspaper of general circulation in the county in
34	34	which the property is located or, if there is no such newspaper, by
35	35	any means for the municipality to provide public notice authorized
36	36	by statute or by ordinance of the municipality. The notice must:
37	37	(1) include a description of the property, including
38	38	its location;
39	39	(2) be provided within 10 days before the date the
40	40	property or an interest in the property is transferred; and
41	41	(3) be published for two separate days within the
42	42	period prescribed by Subdivision (2), if the notice is published in
43	43	a newspaper.
44	44	(f) A municipality may not transfer real property for
45	45	consideration described by this section if the property was
46	46	acquired by the municipality from the previous owner by the
47	47	exercise of eminent domain authority or the threat of the exercise
48	48	of eminent domain authority.
49	49	(g) This section does not constitute a grant or expansion of
50	50	eminent domain authority.
51	51	SECTION 2. This Act takes effect immediately if it receives
52	52	a vote of two-thirds of all the members elected to each house, as
53	53	provided by Section 39, Article III, Texas Constitution. If this
54	54	Act does not receive the vote necessary for immediate effect, this
55	55	Act takes effect September 1, 2023.
56	56	______________________________ ______________________________
57	57	President of the Senate Speaker of the House
58	58	I hereby certify that S.B. No. 543 passed the Senate on
59	59	April 24, 2023, by the following vote: Yeas 27, Nays 3.
60	60	______________________________
61	61	Secretary of the Senate
62	62	I hereby certify that S.B. No. 543 passed the House on
63	63	May 12, 2023, by the following vote: Yeas 106, Nays 37, two
64	64	present not voting.
65	65	______________________________
66	66	Chief Clerk of the House
67	67	Approved:
68	68	______________________________
69	69	Date
70	70	______________________________
71	71	Governor