BILL ANALYSIS


                                                    C.S.H.B. 2078
                                               By: Puente (Madla)
                                      Intergovernmental Relations
                                                          5-11-95
                            Senate Committee Report (Substituted)
BACKGROUND

Section 272.001, Local Government Code, regulates the resale of
surplus property owned by a local government entity.  The statute
conflicts with current court interpretation of property rights by
restricting the ability of local governments to efficiently dispose
of surplus property by requiring a "public bid" process for sale of
property that is otherwise landlocked.

PURPOSE

As proposed, C.S.H.B. 2078 provides for the sale or exchange of
certain types of land by municipalities, counties, or other
political subdivisions.

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 Sections 272.001(a), (b), (c), (f), and (g),
Local Government Code, as follows:

     (a)  Requires notice to the general public of the sale or
     exchange of property by a political subdivision to be
     published in a newspaper of general circulation, except for
     the types of land and interests covered by Subsection (b),
     (g), (h), or (i), and except as provided by Section 253.007. 
     
     
     (b)  Provides that this subsection applies to narrow strips of
     land, or land that because of its shape, lack of access to
     public roads, or small area cannot be used under its current
     zoning or certain ordinances, and streets, rights-of-way, or
     easements that the political subdivision chooses to exchange
     for other land to be used for certain public purposes, in
     addition to other types of land or real property. 
     Redesignates existing Subdivisions (5)-(7) to Subdivisions
     (4)-(6).
     
     (c)  Authorizes the land or interests described by Subsections
     (b)(1) and (2) to be sold to abutting property owners in the
     same subdivision if the land has been subdivided or to
     abutting property owners in proportion to their abutting
     ownership.
     
     (f)  Makes conforming and nonsubstantive changes.
     
     (g)  Defines "entity."
     
     SECTION 2.     Effective date: September 1, 1995.

SECTION 3. Emergency clause.