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.
    3-3                       COMMITTEE AMENDMENT NO. 1
    3-4        Amend SB 748 as follows:
    3-5        1.  On page 1, lines 14 and 15, after the word "mail", strike
    3-6  ", not later than the 90th day before the date the grantor conveys
    3-7  the property,"
    3-8        2.  On page 1, line 23, after the word "for", strike "the
    3-9  next" and add "a"
   3-10        3.  On page 2, line 1, after the word "government", strike
   3-11  "." and add "within 60 days.  The grantor or his representative
   3-12  shall appear before the governing body of the local government at
   3-13  such meeting to answer any questions about the property.  The local
   3-14  government shall accept or reject the proposed conveyance within 90
   3-15  days of the meeting."
   3-16        4.  On page 2, line 3, after the word "Subsection (a)" strike
   3-17  ":" and add "immediately after the governing body of the local
   3-18  government approves the conveyance."
   3-19        5.  On page 2, strike lines 4 - 10.
   3-20                                                             Longoria