BILL ANALYSIS



S.B. 748
By: Henderson (Eiland)
4-19-95
Committee Report (Amended)


BACKGROUND

Homebuilders often must assume the responsibility of keeping
account of numerous unimproved lots.  The cost of personnel
required to oversee the lots is often greater than the taxes
accrued.

PURPOSE

As proposed, S.B. 748 authorizes local governments to accept
ownership of conveyed property located in the local government's
jurisdiction; prohibits a local government from accepting conveyed
property if an unabated nuisance exists on it or ownership will
make the local government liable.

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, as follows:

     Sec. 280.002.  ACQUISITION OF REAL PROPERTY PERMITTED IN
     CERTAIN CIRCUMSTANCES.  (a)  Authorizes a local government to
     accept ownership of property located in the jurisdiction of
     the local government under certain conditions.
     
     (b)  Requires a notice required by Subsection (a)(2) to be
       delivered to the county clerk of the county or municipal
       clerk or secretary of the municipality in which the property
       is located.  Requires the county or municipal clerk or
       secretary to place the notice of the intended conveyance on
       the agenda for the next meeting of the governing body of the
       local government.
       
       (c)  Authorizes a grantor to convey title to property to a
       local government immediately after the governing body of the
       local government approves the conveyance or after the 90th
       day after the date the grantor notified the local government
       of the intended conveyance if the local government does not
       notify the grantor, within the 90-day period of its refusal
       to accept ownership of the property to be conveyed.
       
       (d)  Prohibits a local government from accepting property
       conveyed under this section if an unabated nuisance exists
       on the property or ownership of the property will make the
       local government liable under the Comprehensive
       Environmental Response, Compensation, and Liability Act of
       1980; Chapter 361, Health and Safety Code, or Chapter 26I,
       Water Code.
       
       (e)  Authorizes a local government that accepts property to
       retain or dispose of the property by any method authorized
       by law.
       
       (f)  Defines "local government."
       
       (g)  Provides that this section is cumulative of other
       statutory provisions relating to the same subject.
       
       SECTION 2.   Emergency clause.
           Effective date:  90 days after adjournment.

EXPLANATION OF AMENDMENTS

Committee amendment #1 strikes the language on page 2, lines 4-10
that allowed the grantor to unilaterally convey title to the
property to the local government after the 90th day after the date
the grantor notified the local government of the intended
conveyance if the local government does not notify the grantor in
that 90 day period of the local government's refusal to accept
ownership of the property to be conveyed. 

Committee amendment #1, on page 1, lines 14-15, strikes the
language referring to that 90 day period accordingly.

Committee amendment #1 adds language requiring the county clerk or
the municipal clerk or secretary to place the notice of the
intended conveyance on the agenda for a meeting of the governing
body of the local government within 60 days. The grantor or his
representative is then required to appear to answer any questions
about the property. The local government is then required to accept
or reject the proposed conveyance within 90 days of the meeting.

Committee amendment #1, on page 1, line 23 and page 2, line 3,
makes conforming changes.

SUMMARY OF COMMITTEE ACTION

SB 748 was considered by the County Affairs Committee in a public
hearing on 4/12/95.
Representative Eiland opened. The following people testified for SB
748: Neil Caldwell, representing Jim Walter Homes; and Sam Seale,
representing the Texas Association of Counties.
SB 748 was left pending. SB 748 was considered by the County
Affairs Committee in a public hearing on 4/19/95. Craig Pardue,
representing the Texas County Judges and Commissioner's
Association, testified for SB 748. The County Affairs Committee
considered one amendment to SB 748. The amendment was adopted
without objection. SB 748 was reported favorably, as amended, with
the recommendation that it do pass and be printed, by the record
vote of 5 ayes, 0 nays, 0 pnv, 4 absent.