BILL ANALYSIS
S.B. 1282
By: Rosson
Natural Resources
04-10-95
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.
Effective date: 90 days after adjournment.