H.B. No. 1091
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 having a population of 250,000 or less
1-22 and owning land within 5,000 feet of where the shoreline of a lake
1-23 would be if the lake were filled to its storage capacity may,
1-24 without notice or the solicitation of bids, sell the land to the
2-1 person leasing the land for the fair market value of the land as
2-2 determined by a certified appraiser. While land described by this
2-3 subsection is under lease, the municipality owning the land may not
2-4 sell the land to any person other than the person leasing the land.
2-5 In this subsection, "lake" means an inland body of standing water,
2-6 including a reservoir formed by impounding the water of a river or
2-7 creek but not including an impoundment of salt water or brackish
2-8 water, that has a storage 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.