By Jones of Lubbock H.B. No. 1858
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of property interests owned in fee or used
1-3 by easement from a political subdivision to one or more abutting
1-4 property owners who own the underlying fee simple.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection (b), Section 272.001, Local Government
1-7 Code, is amended to read as follows:
1-8 (b) The notice and bidding requirements of Subsection (a) do
1-9 not apply to the types of land and real property interests
1-10 described by this subsection and owned by a political subdivision.
1-11 The <That> land and those interests described by this subsection
1-12 may not be conveyed, sold, or exchanged for less than the fair
1-13 market value of the land or interest unless the conveyance, sale,
1-14 or exchange is with one or more abutting property owners who own
1-15 the underlying fee simple. The fair market value is determined by
1-16 an appraisal obtained by the political subdivision that owns the
1-17 land or interest, and the appraisal is conclusive of the fair
1-18 market value of the land or interest. This subsection applies to:
1-19 (1) narrow strips of land, or land that because of its
1-20 shape or small area cannot be used independently under its current
1-21 zoning or under applicable subdivision or other development control
1-22 ordinances;
1-23 (2) streets or alleys, owned in fee or used by
2-1 easement;
2-2 (3) an easement for which one or more abutting
2-3 property owners own the underlying fee simple;
2-4 (4) land or a real property interest originally
2-5 acquired for streets, rights-of-way, or easements that the
2-6 political subdivision chooses to exchange for other land to be used
2-7 for streets, rights-of-way, or easements, including transactions
2-8 partly for cash;
2-9 (5) land that the political subdivision wants to have
2-10 developed by contract with an independent foundation;
2-11 (6) a real property interest conveyed to a
2-12 governmental entity that has the power of eminent domain; or
2-13 (7) a municipality's land that is located in a
2-14 reinvestment zone designated as provided by law and that the
2-15 municipality desires to have developed under a project plan adopted
2-16 by the municipality for the zone.
2-17 SECTION 2. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.