1-1 By: Culberson, Eckels (Senate Sponsor - Henderson) H.B. No. 2671
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; April 29, 1993, reported favorably by
1-5 the following vote: Yeas 7, Nays 0; April 29, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the sale or trade by certain municipalities of a park
1-23 under two acres that is no longer usable and functional as a park.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 253.001, Local Government Code, is
1-26 amended by adding Subsection (f) to read as follows:
1-27 (f) The election requirements of Subsection (b) do not apply
1-28 to a conveyance of a park if:
1-29 (1) the park is owned by a home-rule municipality with
1-30 a population of more than one million;
1-31 (2) it is a park of two acres or less;
1-32 (3) the park is no longer usable and functional as a
1-33 park;
1-34 (4) the proceeds of the sale will be used to acquire
1-35 land for park purposes;
1-36 (5) a public hearing on the proposed conveyance is
1-37 held by the governing body of the home-rule municipality and that
1-38 body finds that the property is no longer usable and functional as
1-39 a park; and
1-40 (6) the park is conveyed pursuant to an ordinance
1-41 adopted by the governing body of the home-rule municipality, unless
1-42 within 60 days from the date of the public hearing the governing
1-43 body of the home-rule municipality is presented with a petition
1-44 opposing the conveyance which contains the name, address, and date
1-45 of signature of no less than 1,500 registered voters residing
1-46 within the city limits of the municipality; then, the governing
1-47 body of the home-rule municipality shall either deny the conveyance
1-48 or shall approve the conveyance subject to the election required in
1-49 Subsection (b); or
1-50 (7) the conveyance involves an exchange of two
1-51 existing parks, situated within a home-rule municipality with a
1-52 population of more than one million, that together total 1.5 acres
1-53 or less in size, that are located within 1,000 feet of each other,
1-54 that are located in an industrial area, that have been found in a
1-55 public hearing to no longer be usable and functional as parks, and
1-56 that are conveyed pursuant to an ordinance, adopted by the
1-57 governing body of that municipality, that has an effective date
1-58 before December 1, 1993.
1-59 SECTION 2. The importance of this legislation and the
1-60 crowded condition of the calendars in both houses create an
1-61 emergency and an imperative public necessity that the
1-62 constitutional rule requiring bills to be read on three several
1-63 days in each house be suspended, and this rule is hereby suspended,
1-64 and that this Act take effect and be in force from and after its
1-65 passage, and it is so enacted.
1-66 * * * * *
1-67 Austin,
1-68 Texas
2-1 April 29, 1993
2-2 Hon. Bob Bullock
2-3 President of the Senate
2-4 Sir:
2-5 We, your Committee on Intergovernmental Relations to which was
2-6 referred H.B. No. 2671, have had the same under consideration, and
2-7 I am instructed to report it back to the Senate with the
2-8 recommendation that it do pass and be printed.
2-9 Armbrister,
2-10 Chairman
2-11 * * * * *
2-12 WITNESSES
2-13 FOR AGAINST ON
2-14 ___________________________________________________________________
2-15 Name: Sanrina Foster x
2-16 Representing:
2-17 City: Houston
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