73R3367 DWS-D
By Dutton H.B. No. 824
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale or exchange of land by a home-rule
1-3 municipality.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 272.001(b), Local Government Code, is
1-6 amended to read as follows:
1-7 (b) The notice and bidding requirements of Subsection (a) do
1-8 not apply to the types of land and real property interests
1-9 described by this subsection and owned by a political subdivision.
1-10 That land and those interests may not be conveyed, sold, or
1-11 exchanged for less than the fair market value of the land or
1-12 interest. The fair market value is determined by an appraisal
1-13 obtained by the political subdivision that owns the land or
1-14 interest or, in the case of land or an interest owned by a
1-15 home-rule municipality, the fair market value may be determined by
1-16 the price obtained by the municipality at a public auction for
1-17 which notice to the general public is published in the manner
1-18 described by Subsection (a). The notice of the auction must
1-19 include, instead of the content required by Subsection (a), a
1-20 description of the land, including its location, the date, time,
1-21 and location of the auction, and the procedures to be followed at
1-22 the auction. The<, and the> appraisal or public auction price is
1-23 conclusive of the fair market value of the land or interest,
1-24 regardless of any contrary provision of a home-rule charter. This
2-1 subsection applies to:
2-2 (1) narrow strips of land, or land that because of its
2-3 shape or small area cannot be used independently under its current
2-4 zoning or under applicable subdivision or other development control
2-5 ordinances;
2-6 (2) streets or alleys, owned in fee or used by
2-7 easement;
2-8 (3) an easement for which one or more abutting
2-9 property owners own the underlying fee simple;
2-10 (4) land or a real property interest originally
2-11 acquired for streets, rights-of-way, or easements that the
2-12 political subdivision chooses to exchange for other land to be used
2-13 for streets, rights-of-way, or easements, including transactions
2-14 partly for cash;
2-15 (5) land that the political subdivision wants to have
2-16 developed by contract with an independent foundation;
2-17 (6) a real property interest conveyed to a
2-18 governmental entity that has the power of eminent domain; or
2-19 (7) a municipality's land that is located in a
2-20 reinvestment zone designated as provided by law and that the
2-21 municipality desires to have developed under a project plan adopted
2-22 by the municipality for the zone.
2-23 SECTION 2. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended,
3-1 and that this Act take effect and be in force from and after its
3-2 passage, and it is so enacted.