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 2-18 -------------------------------------------------------------------