BILL ANALYSIS

S.B. 1869

By: Perry

Land & Resource Management

Committee Report (Unamended)

BACKGROUND AND PURPOSE

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 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. S.B. 1869 seeks to address this issue by raising to $100,000 the cap on the value of surplus property that may be sold or transferred by TxDOT's executive director without the governor's approval.

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

S.B. 1869 amends the Transportation Code to raise from $10,000 to $100,000 the cap on the value of surplus real property no longer needed for state highway purposes that may be sold or transferred by the executive director of the Texas Department of Transportation without a recommendation to the governor and the approval of the attorney general. The bill applies only to an interest in real property that is recommended to the governor for sale or transfer on or after the bill's effective date.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.