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.