By Farrar H.B. No. 742
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale or exchange of land by a home-rule municipality.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 272.001(b), Local Government Code, is
1-5 amended to read as follows:
1-6 (b) The notice and bidding requirements of Subsection (a) do
1-7 not apply to the types of land and real property interests
1-8 described by this subsection and owned by a political subdivision.
1-9 That land and those interests may not be conveyed, sold, or
1-10 exchanged for less than the fair market value of the land or
1-11 interest. The fair market value is determined by an appraisal
1-12 obtained by the political subdivision that owns the land or
1-13 interest or, in the case of land or an interest owned by a
1-14 home-rule municipality, the fair market value may be determined by
1-15 the price obtained by the municipality at a public auction for
1-16 which notice to the general public is published in the manner
1-17 described by Subsection (a). The notice of the auction must
1-18 include, instead of the content required by Subsection (a), a
1-19 description of the land, including its location, the date, time,
1-20 and location of the auction, and the procedures to be followed at
1-21 the auction. The appraisal or public auction price is conclusive
1-22 of the fair market value of the land or interest, regardless of any
1-23 contrary provision of a home-rule charter. This subsection
2-1 applies to:
2-2 (1) narrow strips of land, or land that because of its
2-3 shape or small area cannot be used independently under its current
2-4 zoning or under applicable subdivision or other development control
2-5 ordinances;
2-6 (2) streets or alleys, owned in fee or used by
2-7 easement;
2-8 (3) an easement for which one or more abutting
2-9 property owners own the underlying fee simple;
2-10 (4) land or a real property interest originally
2-11 acquired for streets, rights-of-way, or easements that the
2-12 political subdivision chooses to exchange for other land to be used
2-13 for streets, rights-of-way, or easements, including transactions
2-14 partly for cash;
2-15 (5) land that the political subdivision wants to have
2-16 developed by contract with an independent foundation;
2-17 (6) a real property interest conveyed to a
2-18 governmental entity that has the power of eminent domain; <or>
2-19 (7) a municipality's land that is located in a
2-20 reinvestment zone designated as provided by law and that the
2-21 municipality desires to have developed under a project plan adopted
2-22 by the municipality for the zone<.> ; or
2-23 (8) land that the political subdivision has acquired
2-24 pursuant to foreclosure of a tax lien if the sale of the property
2-25 is made to a charitable organization that is exempt from taxation
3-1 under Section 11.181, Tax Code.
3-2 SECTION 2. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended,
3-7 and that this Act take effect and be in force from and after its
3-8 passage, and it is so enacted.