By: Montford S.B. No. 826
A BILL TO BE ENTITLED
AN ACT
1-1 relating to authorizing school districts to acquire, use and
1-2 purchase real property, and declaring an emergency.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 271.002 of the Local Government Code is
1-5 amended to read as follows:
1-6 Sec. 271.002. PURPOSE. (a) The legislature finds that the
1-7 purchase or other acquisition or the use of <personal> property by
1-8 governmental agencies and the financing of those activities are
1-9 necessary to the efficient and economic operation of government.
1-10 (b) This subchapter promotes a public purpose by furnishing
1-11 governmental agencies with a feasible means to purchase or
1-12 otherwise acquire, use and finance public <personal> property.
1-13 SECTION 2. Amends Section 271.003, Local Government Code, by
1-14 adding Subdivisions (1) and (11) to read as follows:
1-15 (10) "Improvement" means a permanent building,
1-16 structure, fixture, or fence, that is erected on or affixed to
1-17 land, but does not include a transportable building or structure
1-18 whether or not it is affixed to land.
1-19 (11) "Real property" means land, improvement, or an
1-20 estate or interest in real property, other than a mortgage or deed
1-21 of trust creating a lien on property or an interest securing
1-22 payment or performance of an obligation in real property.
1-23 SECTION 3. Section 271.004, Local Government Code, is
2-1 amended to read as follows:
2-2 Sec. 271.004. REAL PROPERTY AND IMPROVEMENTS <NOT COVERED>
2-3 FOR SCHOOL DISTRICTS. <This subchapter does not apply to a
2-4 contract solely for the construction of improvements to real
2-5 property.>
2-6 (a) The board of trustees of a school district may execute,
2-7 perform and make payments under a contract under this Act for the
2-8 use or purchase or other acquisition of real property or an
2-9 improvement to real property. If the board proposes to enter into
2-10 such a contract, the board shall publish notice of intent to enter
2-11 into the contract not less than 60 days before the date set to
2-12 approve execution of the contract in a newspaper with general
2-13 circulation in the district. The notice must summarize the major
2-14 provisions of the proposed contract.
2-15 (b) If, by the time set for approval of execution of the
2-16 contract, a written petition signed by at least five (5) percent of
2-17 the registered voters of the district is filed with the board of
2-18 trustees requesting that the board order a referendum on the
2-19 question of whether the contract should be executed, the board may
2-20 not execute the contract unless the question is approved by a
2-21 majority of the votes received in a referendum ordered and held on
2-22 the question.
2-23 (c) Except as otherwise provided by this section, the
2-24 referendum shall be held in accordance with the applicable
2-25 provisions of the Election Code. The requirement that an election
3-1 must be held on a uniform election date as prescribed by the
3-2 Election Code does not apply to an election held under this
3-3 section.
3-4 (d) The contract is a special obligation of the school
3-5 district if ad valorem taxes are not pledged to the payment of the
3-6 contract.
3-7 (e) If the contract provides that payments by the school
3-8 district are to be made from maintenance taxes previously approved
3-9 by the voters of the school district and are subject to annual
3-10 appropriation or are paid from a source other than ad valorem
3-11 taxes, the payments under the contract shall not be considered
3-12 payment of indebtedness under Section 26.04(c), Tax Code.
3-13 (f) All or part of the obligation of the school district may
3-14 be evidenced by one or more negotiable promissory notes.
3-15 SECTION 4. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended,
3-20 and that this Act take effect and be in force from and after its
3-21 passage, and it is so enacted.