1-1  By:  Henderson                                         S.B. No. 748
    1-2        (In the Senate - Filed February 23, 1995; February 27, 1995,
    1-3  read first time and referred to Committee on Intergovernmental
    1-4  Relations; March 16, 1995, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 9, Nays 0;
    1-6  March 16, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 748                   By:  Leedom
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to authorizing certain local governments to accept
   1-11  ownership of conveyed property in certain circumstances.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Chapter 280, Local Government Code, is amended by
   1-14  adding Section 280.002 to read as follows:
   1-15        Sec. 280.002.  ACQUISITION OF REAL PROPERTY PERMITTED IN
   1-16  CERTAIN CIRCUMSTANCES.  (a)  Except as provided by Subsection (d),
   1-17  a local government may accept ownership of property located in the
   1-18  jurisdiction of the local government if:
   1-19              (1)  the property is properly conveyed as a gift by a
   1-20  grantor who acquired title to the property from a debtor in
   1-21  default;
   1-22              (2)  the grantor sent to the local government by
   1-23  registered mail, not later than the 90th day before the date the
   1-24  grantor conveys the property, a notice of the grantor's intent to
   1-25  convey the property to the local government; and
   1-26              (3)  the conveyance instrument grants to the local
   1-27  government unencumbered title to the property.
   1-28        (b)  The notice required by Subsection (a)(2) must be
   1-29  delivered to the county clerk of the county or the municipal clerk
   1-30  or secretary of the municipality in which the property is located.
   1-31  The county clerk or the municipal clerk or secretary shall place
   1-32  the notice of the intended conveyance on the agenda for the next
   1-33  meeting of the governing body of the local government.
   1-34        (c)  A grantor may convey title to property to a local
   1-35  government under Subsection (a):
   1-36              (1)  immediately after the governing body of the local
   1-37  government approves the conveyance; or
   1-38              (2)  after the 90th day after the date the grantor
   1-39  notified the local government of the intended conveyance if the
   1-40  local government does not notify the grantor, within the 90-day
   1-41  period provided by Subsection (a)(2), of the local government's
   1-42  refusal to accept ownership of the property to be conveyed.
   1-43        (d)  A local government may not accept property conveyed
   1-44  under this section if:
   1-45              (1)  an unabated nuisance exists on the property; or
   1-46              (2)  ownership of the property will subject the local
   1-47  government to liability under the Comprehensive Environmental
   1-48  Response, Compensation, and Liability Act of 1980 (42 U.S.C.
   1-49  Section 9601 et seq.), Chapter 361, Health and Safety Code, or
   1-50  Subchapter I, Chapter 26, Water Code.
   1-51        (e)  A local government that accepts property under this
   1-52  section may retain the property or dispose of the property by any
   1-53  method authorized by law.
   1-54        (f)  In this section, "local government" means a municipality
   1-55  or county.
   1-56        (g)  This section is cumulative of other statutory provisions
   1-57  relating to the same subject.
   1-58        SECTION 2.  The importance of this legislation and the
   1-59  crowded condition of the calendars in both houses create an
   1-60  emergency and an imperative public necessity that the
   1-61  constitutional rule requiring bills to be read on three several
   1-62  days in each house be suspended, and this rule is hereby suspended.
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