BILL ANALYSIS
S.B. 771
By: Moncrief (G. Lewis)
4-19-95
Committee Report (Unamended)
BACKGROUND
Tarrant County bought the property surrounding the Fort Worth State
School. When the school ceased to exist, the county, as the
managing entity of the property, expressed an interest in using it
to house a "resource connection," comprising nonprofit agencies.
Under current law, the county has to go through a competitive bid
process, which takes several months and is expensive to
administrate.
PURPOSE
As proposed, S.B. 771 authorizes a county to lease real property to
certain organizations, and sets forth procedures for such leases.
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 Section 263.007, Local Government Code, as
follows:
(e) Authorizes the commissioners court of a county to lease
real property that was formerly owned or controlled by the
Texas Department of Mental Health and Mental Retardation to a
federal, state, or local governmental entity for any purpose,
or to a nonprofit organization that is tax-exempt under 26
U.S.C. § 501(c)(3) (Internal Revenue Code of 1986), to conduct
health and human service activities or such other activities
which the commissioners court finds to be in the public
interest, without using the sealed bid or sealed proposal
process or any other competitive bidding process otherwise
required by law. Requires the commissioners court to declare
its intent to lease through written notice posted in the
prescribed manner no later than 30 days prior to the beginning
of the lease period. Authorizes the commissioners court to
consider local business custom regarding leases, the
reasonable market value of the leasehold, and the extent to
which the provision of services or the other activities to be
performed by the lessee will benefit the public, but provides
that the commissioners court is not bound thereby. Provides
that this section does not limit the ability of the
commissioners court to enter into interlocal agreements,
contracts, or any other arrangement permitted by law.
(f) This section is relettered accordingly.
SECTION 2. Emergency clause.
Effective date: upon passage.
SUMMARY OF COMMITTEE ACTION
SB 771 was considered by the County Affairs Committee in a public
hearing on 4/19/95. SB 771 was reported favorably with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by the record vote of 5
ayes, 0 nays, 0 pnv, 4 absent.