BILL ANALYSIS



H.B. 1979
By: Hightower
April 10, 1995
Committee Report (Unamended)


BACKGROUND

The General Land Office, asset management division, is charged by
state law with reviewing the real property inventory of each state
agency, and identifying real property not being used or being
substantially underused, and reporting ultimately to the state
leadership.  See § 31.156, Natural Resources Code.  The Texas
Department of Criminal Justice (TDCJ) also maintains and updates
internally its own extensive inventory of real property.  This
process has yielded a particularly up-to-date list of properties
that the Department feels can and should be sold at fair market
value for the benefit of the state.  While TDCJ has authority to
lease real property, it does not presently have statutory authority
to sell it.

PURPOSE

H.B. 1979 would give the TDCJ statutory authority to sell real
property at fair market value, using the established staff and
procedures within the General Land Office to make the process
efficient.

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 Subchapter A, 496, Government Code, pertaining
           to Institutional Division, Land & Property, by adding
           a new section 496.0021 which allows the Texas Board of
           Criminal Justice to sell state-owned real property at
           fair market value and authorizes the General Land Office
           to negotiate and close the sale, pursuant to the
           procedures in §31.158, Natural Resources Code. 
           Direction is also given that the proceeds from such sale
           shall be deposited in the Texas capital trust fund.

SECTION 2  Emergency clause.  Effective upon passage.

SUMMARY OF COMMITTEE ACTION

H.B. 1979 was considered by the committee in a public hearing on
April 4, 1995.

The following person testified in favor of the bill:

           Representative Allen Hightower.

The bill was left pending.

H.B. 1979 was considered by the committee in a formal meeting on
April 6, 1995.  

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, 2 absent.