BILL ANALYSIS



S.B. 1282
By: Rosson (Saunders)
May 5, 1995
Committee Report (Unamended)


BACKGROUND

Current law provides for the sale and other disposition of lands of
the public domain dedicated to the permanent school fund.  These
statutes include a requirement that the fair market value must be
received for any land sold, which has been interpreted to mean a
cash consideration.  The School Land Board has the authority to
subdivide lands in order to facilitate land sales, but the board
does not have the authority to dedicate land, by plot or deed, for
public use unless it receives fair market value, in cash.

PURPOSE

As proposed, S.B. 1282 authorizes the School Land Board to dedicate
permanent school fund land for public use in exchange for non-monetary consideration.

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 51, Natural Resources Code, by adding
           Section 51.052(j), as follows:

           Sec.  51.052.  CONDITIONS FOR SALE OF LAND.  (j)
           Authorizes the School Land Board to dedicate permanent
           school fund land to any governmental unit for the
           benefit and use of the public in exchange for non-monetary consideration with a value at least equivalent
           to or greater than the value of the dedicated land if
           it finds the exchange to be in the best interest of the
           permanent school fund and without regard to requirements
           of local governments.  Requires the asset management
           division of the General Land Office to determine the
           value of the non-monetary consideration, and to file a
           copy of its determination with the commissioner of the
           General Land Office.  Sets forth examples of public
           purposes for which permanent school fund land may be
           dedicated.

SECTION 2  Emergency clause.


SUMMARY OF COMMITTEE ACTION

S.B. 1282 was considered by the committee in a public hearing on
May 2, 1995.  

The following person testified neutrally on the bill:

           Spencer Reid, representing the Texas General Land
Office.

The bill was left pending.

S.B. 1282 was considered by the committee in a formal meeting on
May 5, 1995.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 5
ayes, 0 nays, 0 pnv, 4 absent.