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 2-26 -------------------------------------------------------------------