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