BILL ANALYSIS

H.B. 5080

By: Sherman, Sr.

Land & Resource Management

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law regarding the exchange of property between a municipality and a private citizen makes it too difficult for private citizens to create lands that improve the lives of residents, such as parks and affordable housing. H.B. 5080 seeks to address this issue by allowing for certain municipally owned properties up to 10 acres in size to be transferred from public to private ownership if the property will be used for parks, affordable housing, or improvements or amenities compatible with use as a park.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 5080 amends the Local Government Code to authorize a municipality with a population greater than 290,000 to exchange municipally owned real property that is 10 acres or less and currently being used as a park, recreation area, or wildlife refuge with a private person for real property without complying with public notice and bidding requirements. Consideration for such an exchange 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:

· affordable housing;

· a park; or

· improvements or amenities compatible with use as a park.

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.

EFFECTIVE DATE

September 1, 2023.