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.