By Henderson                                           S.B. No. 748
       74R6554 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to requiring certain local governments to accept ownership
    1-3  of conveyed property in certain circumstances.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 280, Local Government Code, is amended by
    1-6  adding Section 280.002 to read as follows:
    1-7        Sec. 280.002.  ACQUISITION OF REAL PROPERTY PERMITTED IN
    1-8  CERTAIN CIRCUMSTANCES.  (a)  Except as provided by Subsection (c),
    1-9  a local government may accept ownership of property located in the
   1-10  jurisdiction of the local government if:
   1-11              (1)  the property is properly conveyed as a gift by a
   1-12  grantor who acquired title to the property from a debtor in
   1-13  default;
   1-14              (2)  the grantor sent to the local government by
   1-15  registered mail, not later than the 60th day before the date the
   1-16  grantor conveys the property, a notice of the grantor's intent to
   1-17  convey the property to the local government; and
   1-18              (3)  the conveyance instrument grants to the local
   1-19  government unencumbered title to the property.
   1-20        (b)  A grantor may convey title to property to a local
   1-21  government under Subsection (a) without additional notice if the
   1-22  local government does not notify the grantor, within the 60-day
   1-23  period provided by Subsection (a)(2), of the local government's
   1-24  refusal to accept ownership of the property to be conveyed.
    2-1        (c)  A local government may not accept property conveyed
    2-2  under this section if:
    2-3              (1)  an unabated nuisance exists on the property; or
    2-4              (2)  ownership of the property will subject the local
    2-5  government to liability under the Comprehensive Environmental
    2-6  Response, Compensation, and Liability Act of 1980 (42 U.S.C.
    2-7  Section 9601 et seq.), Chapter 361, Health and Safety Code, or
    2-8  Subchapter I, Chapter 26, Water Code.
    2-9        (d)  A local government that accepts property under this
   2-10  section may retain the property or dispose of the property by any
   2-11  method authorized by law.
   2-12        (e)  In this section, "local government" means a municipality
   2-13  or county.
   2-14        SECTION 2.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended.