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AN ACT
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relating to the disposition of real property interests by |
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navigation districts and port authorities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 60.038, Water Code, is |
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amended to read as follows: |
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Sec. 60.038. DISPOSITION [SALE OR LEASE] OF INTERESTS IN |
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REAL PROPERTY [LAND]. |
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SECTION 2. Section 60.038, Water Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsections (e), |
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(f), and (g) to read as follows: |
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(a) A district may sell, exchange, or lease real property or |
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any interest in real property [all or any part of land] owned by it, |
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whether the real property was [land is] acquired by gift or |
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purchase, in settlement of any litigation, controversy, or claim in |
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behalf of the district, or in any other manner, except that lands or |
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flats heretofore purchased from the State of Texas under former |
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Article 8225, Revised Civil Statutes of Texas, 1925, or granted by |
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the State of Texas in any general or special act, may be sold only to |
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the State of Texas or exchanged with the State of Texas for other |
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lands or exchanged for adjacent littoral land as authorized by |
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Section 61.117 [of this code]. The district may impose |
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restrictions on the development, use, and transfer of any real |
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property or interest in real property in connection with its sale or |
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exchange under this section. |
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(b) Except as provided by Subsection (e), before [Before] a |
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district may sell or exchange real property [land], the commission |
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shall determine by resolution that the real property [land] is no |
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longer needed for use by the district in connection with the |
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development of a navigation project. |
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(c) Except as provided by Subsection (e), (f), or (g), a |
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sale [Sale] or exchange [lease] of real property [land] shall be |
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made as provided by Sections 60.040, 60.041, and 60.042 |
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[60.039-60.042 of this code]. |
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(e) A district may donate, exchange, convey, sell, or lease |
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land, improvements, easements, or any other interests in real |
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property to an electric utility, as that term is defined by Section |
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31.002, Utilities Code, or a telecommunications utility, as that |
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term is defined by Section 51.002, Utilities Code, to promote a |
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public purpose related to the development of the district. The |
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district shall determine the terms and conditions of the |
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transaction so as to: |
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(1) achieve the public purpose; and |
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(2) be consistent with the requirements of Title 2, |
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Utilities Code. |
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(f) A district may donate, exchange, convey, sell, or lease |
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a real property interest under Subsection (e) for less than its fair |
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market value and without complying with the notice and bidding |
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requirements of Sections 60.040, 60.041, and 60.042. |
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(g) Narrow strips of real property resulting from boundary |
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or surveying conflicts or similar causes, or from insubstantial |
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encroachments by abutting real property owners, or real property of |
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larger configuration that has been subject to encroachments by |
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abutting real property owners for more than 25 years may be |
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abandoned, released, exchanged, or transferred to such abutting |
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owners on terms and conditions considered appropriate or |
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advantageous to the district. A district may convey real property |
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under this subsection for less than its fair market value and |
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without complying with the notice and bidding requirements of |
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Sections 60.040, 60.041, and 60.042. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 818 passed the Senate on |
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April 3, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 818 passed the House on |
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May 6, 2023, by the following vote: Yeas 125, Nays 11, |
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one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |