BILL ANALYSIS


                                                     C.S.S.B. 748
                                                    By: Henderson
                                      Intergovernmental Relations
                                                          3-17-95
                                   Committee Report (Substituted)
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, C.S.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, with an
     exception.
     
     (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.