73R7401 SMH-F
          By Junell                                             H.B. No. 1091
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the right of certain lessees of land owned by
    1-3  municipalities to purchase the leased land for the fair market
    1-4  value of the land.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 272.001, Local Government Code, is
    1-7  amended by amending Subsection (a) and adding Subsection (h) to
    1-8  read as follows:
    1-9        (a)  Except for the types of land and interests covered by
   1-10  Subsection (b), <or> (g), or (h), before land owned by a political
   1-11  subdivision of the state may be sold or exchanged for other land,
   1-12  notice to the general public of the offer of the land for sale or
   1-13  exchange must be published in a newspaper of general circulation in
   1-14  either the county in which the land is located or, if there is no
   1-15  such newspaper, in an adjoining county.  The notice must include a
   1-16  description of the land, including its location, and the procedure
   1-17  by which sealed bids to purchase the land or offers to exchange the
   1-18  land may be submitted.  The notice must be published on two
   1-19  separate dates and the sale or exchange may not be made until after
   1-20  the 14th day after the date of the second publication.
   1-21        (h)  A municipality owning land within 5,000 feet of where
   1-22  the shoreline of a lake would be if the lake were filled to its
   1-23  storage capacity may, without notice or the solicitation of bids,
   1-24  sell the land to the person leasing the land for the fair market
    2-1  value of the land as determined by a certified appraiser.  While
    2-2  land described by this subsection is under lease, the municipality
    2-3  owning the land may not sell the land to any person other than the
    2-4  person leasing the land.  In this subsection, "lake" means an
    2-5  inland body of standing water, including a reservoir formed by
    2-6  impounding the water of a river or creek but not including an
    2-7  impoundment of salt water or brackish water, that has a storage
    2-8  capacity of more than 10,000 acre-feet.
    2-9        SECTION 2.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended,
   2-14  and that this Act take effect and be in force from and after its
   2-15  passage, and it is so enacted.