BILL ANALYSIS
H.B. 1454
By: Talton
4-19-95
Committee Report (Unamended)
BACKGROUND
In the past there have been allegations regarding elected officials
using trust agreements in order to sell land which they could not
sell otherwise. There needs to be a tool to address this issue and
to ensure that trust agreements are not being misused in this
manner.
PURPOSE
This bill would provide for full disclosure of the true owners when
land is sold to a county, city, or government agency.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1: Amends Chapter 280, Local Government Code by adding
Section 280.002.
Sec. 280.002 (a) States that a municipality or county
may not purchase real property held in trust until the trustee
submits a copy of the trust agreement to the governing body of the
municipality or county identifying the true owner of the property.
(b) If a municipality or county fails to comply with
Subsection (a), the conveyance of property by a trustee is void.
(c) A submitted trust agreement is confidential information
excepted from the
requirements of Section 552.021, Government Code.
SECTION 2: Emergency Clause.
SUMMARY OF COMMITTEE ACTION
HB 1454 was considered by the County Affairs Committee in a public
hearing on 4/19/95. Representative Talton opened. John Ray
Harrison, Jr., representing the Harris County District Attorney's
Office, testified for HB 1454. Representative Talton closed. HB
1454 was reported favorably with the recommendation that it do pass
and be printed and be sent to the Committee on Local and Consent
Calendars, by the record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.