1-1 By: Jones of Lubbock (Senate Sponsor - Montford) H.B. No. 1858
1-2 (In the Senate - Received from the House May 12, 1993;
1-3 May 13, 1993, read first time and referred to Committee on State
1-4 Affairs; May 22, 1993, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 22, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the transfer of property interests owned in fee or used
1-24 by easement from a political subdivision to one or more abutting
1-25 property owners who own the underlying fee simple.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Subsection (b), Section 272.001, Local Government
1-28 Code, is amended to read as follows:
1-29 (b) The notice and bidding requirements of Subsection (a) do
1-30 not apply to the types of land and real property interests
1-31 described by this subsection and owned by a political subdivision.
1-32 The <That> land and those interests described by this subsection
1-33 may not be conveyed, sold, or exchanged for less than the fair
1-34 market value of the land or interest unless the conveyance, sale,
1-35 or exchange is with one or more abutting property owners who own
1-36 the underlying fee simple. The fair market value is determined by
1-37 an appraisal obtained by the political subdivision that owns the
1-38 land or interest, and the appraisal is conclusive of the fair
1-39 market value of the land or interest. This subsection applies to:
1-40 (1) narrow strips of land, or land that because of its
1-41 shape or small area cannot be used independently under its current
1-42 zoning or under applicable subdivision or other development control
1-43 ordinances;
1-44 (2) streets or alleys, owned in fee or used by
1-45 easement;
1-46 (3) an easement for which one or more abutting
1-47 property owners own the underlying fee simple;
1-48 (4) land or a real property interest originally
1-49 acquired for streets, rights-of-way, or easements that the
1-50 political subdivision chooses to exchange for other land to be used
1-51 for streets, rights-of-way, or easements, including transactions
1-52 partly for cash;
1-53 (5) land that the political subdivision wants to have
1-54 developed by contract with an independent foundation;
1-55 (6) a real property interest conveyed to a
1-56 governmental entity that has the power of eminent domain; or
1-57 (7) a municipality's land that is located in a
1-58 reinvestment zone designated as provided by law and that the
1-59 municipality desires to have developed under a project plan adopted
1-60 by the municipality for the zone.
1-61 SECTION 2. The importance of this legislation and the
1-62 crowded condition of the calendars in both houses create an
1-63 emergency and an imperative public necessity that the
1-64 constitutional rule requiring bills to be read on three several
1-65 days in each house be suspended, and this rule is hereby suspended.
1-66 * * * * *
1-67 Austin,
1-68 Texas
2-1 May 22, 1993
2-2 Hon. Bob Bullock
2-3 President of the Senate
2-4 Sir:
2-5 We, your Committee on State Affairs to which was referred H.B.
2-6 No. 1858, have had the same under consideration, and I am
2-7 instructed to report it back to the Senate with the recommendation
2-8 that it do pass and be printed.
2-9 Rosson,
2-10 Vice-Chair
2-11 * * * * *
2-12 WITNESSES
2-13 No witnesses appeared on H.B. No. 1858.