By Junell                                             H.B. No. 2374
       74R6344 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to Legislative Budget Board oversight of the acquisition,
    1-3  management, development, accounting, and disposition of certain
    1-4  state property.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter E, Chapter 31, Natural Resources Code,
    1-7  is amended by adding Section 31.1571 to read as follows:
    1-8        Sec. 31.1571.  LEGISLATIVE BUDGET BOARD CONSENT REQUIRED FOR
    1-9  DISPOSITION OF PROPERTY.  If a real estate transaction is
   1-10  authorized by the legislature by statute or is authorized by the
   1-11  governor under Chapter 672, Acts of the 71st Legislature, Regular
   1-12  Session, 1989 (Article 5421t, Vernon's Texas Civil Statutes), after
   1-13  the division has reported the property as unused or underused, a
   1-14  state agency that owns or controls the property may not develop,
   1-15  sell, or otherwise dispose of the property in a manner inconsistent
   1-16  with the commissioner's recommendations without the written consent
   1-17  of the Legislative Budget Board.
   1-18        SECTION 2.  Section 31.158(a), Natural Resources Code, is
   1-19  amended to read as follows:
   1-20        (a)  If the legislature by statute or if the governor under
   1-21  Chapter 672, Acts of the 71st Legislature, Regular Session, 1989
   1-22  (Article 5421t, Vernon's Texas Civil Statutes), authorizes a real
   1-23  estate transaction involving real property owned or held in trust
   1-24  by the state and the Legislative Budget Board provides written
    2-1  consent to the transaction, the division shall take possession and
    2-2  control of the property and shall negotiate and close such real
    2-3  estate transaction on behalf of the state. In performing such
    2-4  duties, the division shall act on behalf of the state agency which
    2-5  owns or controls the subject state land.  Proceeds from the real
    2-6  estate transaction shall be deposited in the Texas capital trust
    2-7  fund unless the proceeds are dedicated by the constitution of this
    2-8  state to another fund or unless the authorization for <enabling
    2-9  legislation ordering> the real estate transaction provides
   2-10  otherwise.
   2-11        SECTION 3.  Sections 3(d), (e), and (h), Chapter 672, Acts of
   2-12  the 71st Legislature, Regular Session, 1989 (Article 5421t,
   2-13  Vernon's Texas Civil Statutes), are amended to read as follows:
   2-14        (d)  Not later than the 30th day after the date the <After a>
   2-15  governor's proposal is published in the Texas Register, the
   2-16  Legislative Budget Board shall approve the proposal, reject the
   2-17  proposal, approve the proposal subject to conditions determined by
   2-18  the board to protect the state's interest, or <may> conduct a
   2-19  public hearing on the proposal.  The board shall give notice of a
   2-20  public hearing under this section in the manner provided by law for
   2-21  notice of regular meetings of the board.  The notice of the public
   2-22  hearing <meeting> must include a description of the nature of the
   2-23  proposal to be considered.  If the agenda includes a public hearing
   2-24  on a proposal, the notice must so state.
   2-25        (e)  If the board conducts <At> a public hearing, the board
   2-26  may, <meeting held> not later than the 30th day after the date the
   2-27  public hearing is concluded <governor's proposal is published in
    3-1  the Texas Register, the board may>:
    3-2              (1)  approve the proposal;
    3-3              (2)  reject the proposal; or
    3-4              (3)  approve the proposal subject to conditions
    3-5  determined by the board to protect the state's interest <recommend
    3-6  changes in the proposal>.
    3-7        (h)  The board shall notify the division of its decision not
    3-8  later than the 10th day after the date the board issues its
    3-9  decision <regarding the real property within 10 days after the
   3-10  conclusion of its hearing>.  If the board approves the real estate
   3-11  transaction as proposed, that shall constitute authority for the
   3-12  division to take appropriate charge and control of the real
   3-13  property to undertake the real estate transaction recommended.
   3-14        SECTION 4.  This Act takes effect September 1, 1995.
   3-15        SECTION 5.  Not later than November 1, 1995, the asset
   3-16  management division of the General Land Office shall provide the
   3-17  Legislative Budget Board with a certified list of all properties
   3-18  identified as unused or underused in the division's most recent
   3-19  evaluation.
   3-20        SECTION 6.  The importance of this legislation and the
   3-21  crowded condition of the calendars in both houses create an
   3-22  emergency and an imperative public necessity that the
   3-23  constitutional rule requiring bills to be read on three several
   3-24  days in each house be suspended, and this rule is hereby suspended.