1-1 By: Chisum (Senate Sponsor - Bivins) H.B. No. 647
1-2 (In the Senate - Received from the House April 19, 1993;
1-3 April 19, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 5, 1993, reported favorably by the
1-5 following vote: Yeas 7, Nays 0; May 5, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Armbrister x
1-9 Leedom x
1-10 Carriker x
1-11 Henderson x
1-12 Madla x
1-13 Moncrief x
1-14 Patterson x
1-15 Rosson x
1-16 Shapiro x
1-17 Wentworth x
1-18 Whitmire x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the sale of real property by municipalities.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Chapter 253, Local Government Code, is amended by
1-24 adding Section 253.007 to read as follows:
1-25 Sec. 253.007. SALE OF REAL PROPERTY BY PUBLIC AUCTION.
1-26 (a) The governing body of a municipality may sell real property
1-27 owned by the municipality by public auction or by sealed bid under
1-28 Section 272.001.
1-29 (b) To sell real property by public auction, the governing
1-30 body of a municipality shall publish notice of the auction before
1-31 the 20th day before the date the auction is held. The notice for
1-32 sale of the real property must be published once a week for three
1-33 consecutive weeks before the date the auction is held in a
1-34 newspaper of general circulation in the county in which the
1-35 municipality is located and, if the real property is located in
1-36 another county, in a newspaper of general circulation in the county
1-37 in which the real property is located. The notice must include a
1-38 description of the real property, including its location, and the
1-39 date, time, and location at which the auction is to be held.
1-40 SECTION 2. Section 272.001(a), Local Government Code, is
1-41 amended to read as follows:
1-42 (a) Except for the types of land and interests covered by
1-43 Subsection (b) or (g) and except as provided by Section 253.007,
1-44 before land owned by a political subdivision of the state may be
1-45 sold or exchanged for other land, notice to the general public of
1-46 the offer of the land for sale or exchange must be published in a
1-47 newspaper of general circulation in either the county in which the
1-48 land is located or, if there is no such newspaper, in an adjoining
1-49 county. The notice must include a description of the land,
1-50 including its location, and the procedure by which sealed bids to
1-51 purchase the land or offers to exchange the land may be submitted.
1-52 The notice must be published on two separate dates and the sale or
1-53 exchange may not be made until after the 14th day after the date of
1-54 the second publication.
1-55 SECTION 3. The importance of this legislation and the
1-56 crowded condition of the calendars in both houses create an
1-57 emergency and an imperative public necessity that the
1-58 constitutional rule requiring bills to be read on three several
1-59 days in each house be suspended, and this rule is hereby suspended,
1-60 and that this Act take effect and be in force from and after its
1-61 passage, and it is so enacted.
1-62 * * * * *
1-63 Austin,
1-64 Texas
1-65 May 5, 1993
1-66 Hon. Bob Bullock
1-67 President of the Senate
1-68 Sir:
2-1 We, your Committee on Intergovernmental Relations to which was
2-2 referred H.B. No. 647, have had the same under consideration, and I
2-3 am instructed to report it back to the Senate with the
2-4 recommendation that it do pass and be printed.
2-5 Armbrister,
2-6 Chairman
2-7 * * * * *
2-8 WITNESSES
2-9 FOR AGAINST ON
2-10 ___________________________________________________________________
2-11 Name: R.W. Self x
2-12 Representing: County Judges & Comm. Assn Tx
2-13 City: Crosbyton
2-14 -------------------------------------------------------------------
2-15 Name: William D. Power x
2-16 Representing: County Judges & Comm. Assoc.
2-17 City: Marshall
2-18 -------------------------------------------------------------------
2-19 Name: Sabrina Foster x
2-20 Representing: Mayor & City Council
2-21 City: Houston
2-22 -------------------------------------------------------------------
2-23 Name: Walter Fisher x
2-24 Representing: TML
2-25 City: Austin
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