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. 1-63 * * * * *