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.