By:  Ellis                                             S.B. No. 460
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the sale or exchange of land by a home rule city.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 272.001(b) of the Texas Local Government
    1-4  Code is amended to read as follows:
    1-5        "(b)  The notice and bidding requirements of Subsection (a)
    1-6  do not apply to the types of land and real property interests
    1-7  described by this subsection and owned by a political subdivision
    1-8  if the fair market value is determined by an appraisal.  That land
    1-9  and those interests may not be conveyed, sold, or exchanged for
   1-10  less than the fair market value of the land or interest.  The fair
   1-11  market value is determined by either an appraisal obtained by the
   1-12  political subdivision that owns the land or interest <and> or the
   1-13  price obtained by a home rule city at a public auction for which
   1-14  notice to the general public is given in the manner described in
   1-15  Subsection (a).  The notice must include a description of the land,
   1-16  including its location, the date, time, and location of the
   1-17  auction, and the procedures to be followed at the auction.  The
   1-18  appraisal or public auction price is conclusive of the fair market
   1-19  value of the land or interest notwithstanding any provision of a
   1-20  home rule charter to the contrary.
   1-21  This subsection applies to:
   1-22              (1)  narrow strips of land, or land that because of its
   1-23  shape or small area cannot be used independently under its current
    2-1  zoning or under applicable subdivision or other development control
    2-2  ordinances;
    2-3              (2)  streets or alleys, owned in fee or used by
    2-4  easement;
    2-5              (3)  an easement for which one or more abutting
    2-6  property owners own the underlying fee simple;
    2-7              (4)  land or a real property interest originally
    2-8  acquired for streets, rights-of-way, or easements that the
    2-9  political subdivision chooses to exchange for other land to be used
   2-10  for streets, rights-of-way, or easements, including transactions
   2-11  partly for cash;
   2-12              (5)  land that the political subdivision wants to have
   2-13  developed by contract with an independent foundation;
   2-14              (6)  a real property interest conveyed to a
   2-15  governmental entity that has the power of eminent domain; or
   2-16              (7)  a municipality's land that is located in a
   2-17  reinvestment zone designated as provided by law and that the
   2-18  municipality desires to have developed under a project plan adopted
   2-19  by the municipality for the zone."
   2-20        SECTION 2.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended,
   2-25  and that this Act take effect and be in force from and after its
    3-1  passage, and it is so enacted.