By Linebarger H.B. No. 2125
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the lease or transfer of property owned by a political
1-3 subdivision to certain private for-profit and nonprofit
1-4 organizations.
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 political subdivision that acquires land or a real
1-22 property interest with funds received for economic development
1-23 purposes from the community development block grant nonentitlement
1-24 program authorized by Title I of the Housing and Community
2-1 Development Act of 1974 (42 U.S.C. Section 5301 et seq.) may lease
2-2 or convey the land or interest, without the solicitation of bids,
2-3 to a private, for-profit entity or a nonprofit entity that is a
2-4 party to a contract with the political subdivision if the land or
2-5 interest will be used by the private, for-profit entity or the
2-6 nonprofit entity in carrying out the purpose of the entity's grant
2-7 or contract. The land or interest may be leased or conveyed
2-8 without the solicitation of bids if the political subdivision
2-9 adopts a resolution stating the conditions and circumstances for
2-10 the lease or conveyance and the public purpose that will be
2-11 achieved by the lease or conveyance.
2-12 SECTION 2. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.