By Lewis of Tarrant H.B. No. 1890
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a county to lease real property to
1-3 certain organizations and to the procedures for such leases.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 263.001, Local Government Code, is
1-6 amended by adding Subsection (d) to read as follows:
1-7 (d) The commissioners court of a county may lease real
1-8 property owned or controlled by the county to a federal, state, or
1-9 local governmental entity for any purpose, or to a tax-exempt or
1-10 nonprofit organization to conduct health and human service
1-11 activities or such other activities which the commissioners court
1-12 finds to be in the public interest, without using the public
1-13 auction process described in Subsection (a) and without using any
1-14 other competitive bidding process which would otherwise be required
1-15 by law. If the commissioners court of a county chooses to lease
1-16 under this section, the commissioners court shall declare its
1-17 intent to do so through written notice posted in the same place and
1-18 manner as the commissioners court posts its regular meeting agenda
1-19 not later than 30 days prior to the beginning of the lease period.
1-20 In setting the terms and conditions of the lease, including but not
1-21 limited to the amount of the lease payment, the commissioners court
1-22 may consider local business custom regarding leases and the
1-23 reasonable market value of the leasehold, but the commissioners
2-1 court is not bound thereby and may also consider the extent to
2-2 which the provision of services or the other activities to be
2-3 performed by the lessee will benefit the public. This section does
2-4 not limit the ability of a commissioners court to enter into
2-5 interlocal agreements, contracts, or any other arrangement
2-6 permitted by law.
2-7 SECTION 2. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended,
2-12 and that this Act take effect and be in force from and after its
2-13 passage, and it is so enacted.