By Martin H.B. No. 2658
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right and authority of the Commissioner of the
1-3 Texas General Land Office to acquire, hold, and dispose of surplus
1-4 federal property.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 31.068. Chapter 31, Subchapter D,
1-7 Natural Resources Code, is hereby amended by the addition of
1-8 Section 31.068, to read as follows:
1-9 Section 31.068. (a) The commissioner of the land office is
1-10 named, designated, and authorized as the sole state official
1-11 authorized to apply for, acquire by deed or other conveyance, take
1-12 possession of, and hold surplus federal real property, the
1-13 improvements thereon and appurtenances thereto, as may be made
1-14 available under the Federal Property and Administration Services
1-15 Act of 1949 (Title 40 United States Code, Section 471, et seq.)
1-16 (b) Title to surplus federal real property acquired under
1-17 subsection (a) shall be held by the commissioner of the land office
1-18 for and on behalf of the state for a period not to exceed four
1-19 years from the date notice of the availability of surplus real
1-20 property is received by the state.
1-21 (c) Within the two year period following the conveyance of
1-22 any surplus federal real property as provided in subsection (b),
1-23 the Asset Management Division of the land office shall hold the
2-1 real property in inventory as provided by Section 31.154, Natural
2-2 Resources Code, and shall review the best and most appropriate use
2-3 for such real property as provided in Section 31.156, Natural
2-4 Resources Code.
2-5 (d) As soon as the review of the real property provided in
2-6 subsection (c) is complete, the commissioner of the land office
2-7 shall report the findings, recommendations, and conclusions to the
2-8 General Services Commission and to the state officials identified
2-9 in Section 31.157(d), Natural Resources Code. The commissioner
2-10 shall then coordinate with the General Services Commission and
2-11 state officials to prepare a plan for the use by and distribution
2-12 of the real property to or among state agencies, political
2-13 subdivisions, counties, cities or towns, or any public agency or
2-14 associations of such entities, subject to the provisions of
2-15 subsection (f) of this Section.
2-16 (e) The plan developed as provided in subsection (d) shall
2-17 be delivered to the legislature if then in session, or to the
2-18 legislature in its next regularly convened session, for its
2-19 consideration and approval. The commissioner of the land office
2-20 shall dispose of the real property as finally approved and directed
2-21 by the legislature.
2-22 (f) Any lands originally ceded, granted, or conveyed to the
2-23 federal government from the Permanent School Fund or any
2-24 constitutionally dedicated fund, and recovered by the state under
2-25 the provisions of this section, shall be returned, upon receipt of
3-1 title, to the fund from whence it originated.
3-2 (g) The commissioner may adopt rules as necessary to carry
3-3 out the provisions of this section, and any such rules so
3-4 promulaged may provide for the payment of reasonable fees for the
3-5 cost of application, review, appraisal, survey and other
3-6 administrative costs incurred by the land office upon conveyance to
3-7 any agency, political subdivision, city or town, or public agency
3-8 which receives all or part of real property subject to this
3-9 section.
3-10 SECTION 2. EMERGENCY. The importance of this legislation
3-11 and the crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.