1-1 By: Dutton (Senate Sponsor - Ellis) H.B. No. 824
1-2 (In the Senate - Received from the House April 22, 1993;
1-3 April 26, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; April 29, 1993, reported favorably by
1-5 the following vote: Yeas 6, Nays 0; April 29, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the sale or exchange of land by a home-rule
1-23 municipality.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 272.001(b), Local Government Code, is
1-26 amended to read as follows:
1-27 (b) The notice and bidding requirements of Subsection (a) do
1-28 not apply to the types of land and real property interests
1-29 described by this subsection and owned by a political subdivision.
1-30 That land and those interests may not be conveyed, sold, or
1-31 exchanged for less than the fair market value of the land or
1-32 interest. The fair market value is determined by an appraisal
1-33 obtained by the political subdivision that owns the land or
1-34 interest or, in the case of land or an interest owned by a
1-35 home-rule municipality, the fair market value may be determined by
1-36 the price obtained by the municipality at a public auction for
1-37 which notice to the general public is published in the manner
1-38 described by Subsection (a). The notice of the auction must
1-39 include, instead of the content required by Subsection (a), a
1-40 description of the land, including its location, the date, time,
1-41 and location of the auction, and the procedures to be followed at
1-42 the auction. The<, and the> appraisal or public auction price is
1-43 conclusive of the fair market value of the land or interest,
1-44 regardless of any contrary provision of a home-rule charter. This
1-45 subsection applies to:
1-46 (1) narrow strips of land, or land that because of its
1-47 shape or small area cannot be used independently under its current
1-48 zoning or under applicable subdivision or other development control
1-49 ordinances;
1-50 (2) streets or alleys, owned in fee or used by
1-51 easement;
1-52 (3) an easement for which one or more abutting
1-53 property owners own the underlying fee simple;
1-54 (4) land or a real property interest originally
1-55 acquired for streets, rights-of-way, or easements that the
1-56 political subdivision chooses to exchange for other land to be used
1-57 for streets, rights-of-way, or easements, including transactions
1-58 partly for cash;
1-59 (5) land that the political subdivision wants to have
1-60 developed by contract with an independent foundation;
1-61 (6) a real property interest conveyed to a
1-62 governmental entity that has the power of eminent domain; or
1-63 (7) a municipality's land that is located in a
1-64 reinvestment zone designated as provided by law and that the
1-65 municipality desires to have developed under a project plan adopted
1-66 by the municipality for the zone.
1-67 SECTION 2. The importance of this legislation and the
1-68 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended,
2-4 and that this Act take effect and be in force from and after its
2-5 passage, and it is so enacted.
2-6 * * * * *
2-7 Austin,
2-8 Texas
2-9 April 29, 1993
2-10 Hon. Bob Bullock
2-11 President of the Senate
2-12 Sir:
2-13 We, your Committee on Intergovernmental Relations to which was
2-14 referred H.B. No. 824, have had the same under consideration, and I
2-15 am instructed to report it back to the Senate with the
2-16 recommendation that it do pass and be printed.
2-17 Armbrister,
2-18 Chairman
2-19 * * * * *
2-20 WITNESSES
2-21 FOR AGAINST ON
2-22 ___________________________________________________________________
2-23 Name: George H. Moff x
2-24 Representing: Nueces County Appraisal Dist.
2-25 City: Corpus Christi
2-26 -------------------------------------------------------------------
2-27 Name: Nancy Powell Collins x
2-28 Representing: Mayor City of Houston
2-29 City: Houston
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