By: Henderson S.B. No. 748 A BILL TO BE ENTITLED AN ACT 1-1 relating to authorizing certain local governments to accept 1-2 ownership of conveyed property in certain circumstances. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 280, Local Government Code, is amended by 1-5 adding Section 280.002 to read as follows: 1-6 Sec. 280.002. ACQUISITION OF REAL PROPERTY PERMITTED IN 1-7 CERTAIN CIRCUMSTANCES. (a) Except as provided by Subsection (d), 1-8 a local government may accept ownership of property located in the 1-9 jurisdiction of the local government if: 1-10 (1) the property is properly conveyed as a gift by a 1-11 grantor who acquired title to the property from a debtor in 1-12 default; 1-13 (2) the grantor sent to the local government by 1-14 registered mail, not later than the 90th day before the date the 1-15 grantor conveys the property, a notice of the grantor's intent to 1-16 convey the property to the local government; and 1-17 (3) the conveyance instrument grants to the local 1-18 government unencumbered title to the property. 1-19 (b) The notice required by Subsection (a)(2) must be 1-20 delivered to the county clerk of the county or the municipal clerk 1-21 or secretary of the municipality in which the property is located. 1-22 The county clerk or the municipal clerk or secretary shall place 1-23 the notice of the intended conveyance on the agenda for the next 1-24 meeting of the governing body of the local government. 2-1 (c) A grantor may convey title to property to a local 2-2 government under Subsection (a): 2-3 (1) immediately after the governing body of the local 2-4 government approves the conveyance; or 2-5 (2) after the 90th day after the date the grantor 2-6 notified the local government of the intended conveyance if the 2-7 local government does not notify the grantor, within the 90-day 2-8 period provided by Subsection (a)(2), of the local government's 2-9 refusal to accept ownership of the property to be conveyed. 2-10 (d) A local government may not accept property conveyed 2-11 under this section if: 2-12 (1) an unabated nuisance exists on the property; or 2-13 (2) ownership of the property will subject the local 2-14 government to liability under the Comprehensive Environmental 2-15 Response, Compensation, and Liability Act of 1980 (42 U.S.C. 2-16 Section 9601 et seq.), Chapter 361, Health and Safety Code, or 2-17 Subchapter I, Chapter 26, Water Code. 2-18 (e) A local government that accepts property under this 2-19 section may retain the property or dispose of the property by any 2-20 method authorized by law. 2-21 (f) In this section, "local government" means a municipality 2-22 or county. 2-23 (g) This section is cumulative of other statutory provisions 2-24 relating to the same subject. 2-25 SECTION 2. The importance of this legislation and the 2-26 crowded condition of the calendars in both houses create an 2-27 emergency and an imperative public necessity that the 3-1 constitutional rule requiring bills to be read on three several 3-2 days in each house be suspended, and this rule is hereby suspended.