BILL ANALYSIS

Senate Research Center	S.B. 1869
	By: Perry
	Transportation
	5/31/2023
	Enrolled

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

When the Texas Department of Transportation (TxDOT) no longer needs a parcel of land owned by the state for a state highway purpose, the Texas Transportation Commission (commission) may declare the property "surplus" and sell or transfer that property to other state agencies, local governmental entities, or the public.

If the property is valued at $10,000 or more, the sale or transfer must additionally be approved by the governor. However, if the commission determines the property value amounts to less than $10,000, TxDOT's executive director may execute an instrument selling or transferring the property without an approval and signature of the governor.

As property values have continued to grow, there are very few pieces of property that are worth less than $10,000. Therefore, S.B. 1869 simply raises the limit, and it will allow TxDOT to sell any property valued below $100,000 without the governor's approval.

S.B. 1869 amends current law relating to the disposition of surplus real property no longer needed for state highway purposes.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 202.021(d) and (h), Transportation Code, as follows:

(d)  Requires the Texas Transportation Commission (TTC) to:

(1) makes no changes to this subdivision; and

(2) if the value is $100,000 or more, rather than $10,000 or more, advise the governor of the value.

(h) Authorizes TTC, if TTC determines that the value of the real property is less than $100,000, rather than less than $10,000, to authorize the executive director of the Texas Department of Transportation to execute a deed conveying the state's interest in the property without a recommendation to the governor.

SECTION 2. Amends Section 202.030(a), Transportation Code, to require the attorney general to approve a transfer or conveyance that is made under Subchapter B (Sale, Exchange, or Return of Highway Property) if the value of the real property transferred or conveyed is $100,000 or more, rather than $10,000 or more.

SECTION 3. Makes application of this Act prospective. �

SECTION 4. Effective date: upon passage or September 1, 2023.

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