1-1 By: Junell (Senate Sponsor - Sims) H.B. No. 1091
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 12, 1993, reported favorably by
1-5 the following vote: Yeas 9, Nays 0; May 12, 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 right of certain lessees of land owned by
1-23 municipalities to purchase the leased land for the fair market
1-24 value of the land.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 272.001, Local Government Code, is
1-27 amended by amending Subsection (a) and adding Subsection (h) to
1-28 read as follows:
1-29 (a) Except for the types of land and interests covered by
1-30 Subsection (b), <or> (g), or (h), before land owned by a political
1-31 subdivision of the state may be sold or exchanged for other land,
1-32 notice to the general public of the offer of the land for sale or
1-33 exchange must be published in a newspaper of general circulation in
1-34 either the county in which the land is located or, if there is no
1-35 such newspaper, in an adjoining county. The notice must include a
1-36 description of the land, including its location, and the procedure
1-37 by which sealed bids to purchase the land or offers to exchange the
1-38 land may be submitted. The notice must be published on two
1-39 separate dates and the sale or exchange may not be made until after
1-40 the 14th day after the date of the second publication.
1-41 (h) A municipality owning land within 5,000 feet of where
1-42 the shoreline of a lake would be if the lake were filled to its
1-43 storage capacity may, without notice or the solicitation of bids,
1-44 sell the land to the person leasing the land for the fair market
1-45 value of the land as determined by a certified appraiser. While
1-46 land described by this subsection is under lease, the municipality
1-47 owning the land may not sell the land to any person other than the
1-48 person leasing the land. In this subsection, "lake" means an
1-49 inland body of standing water, including a reservoir formed by
1-50 impounding the water of a river or creek but not including an
1-51 impoundment of salt water or brackish water, that has a storage
1-52 capacity of more than 10,000 acre-feet.
1-53 SECTION 2. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended,
1-58 and that this Act take effect and be in force from and after its
1-59 passage, and it is so enacted.
1-60 * * * * *
1-61 Austin,
1-62 Texas
1-63 May 12, 1993
1-64 Hon. Bob Bullock
1-65 President of the Senate
1-66 Sir:
1-67 We, your Committee on Intergovernmental Relations to which was
1-68 referred H.B. No. 1091, have had the same under consideration, and
2-1 I am instructed to report it back to the Senate with the
2-2 recommendation that it do pass and be printed.
2-3 Armbrister,
2-4 Chairman
2-5 * * * * *
2-6 WITNESSES
2-7 No witnesses appeared on H.B. No. 1091.