By: Moncrief S.B. No. 771 A BILL TO BE ENTITLED AN ACT 1-1 relating to the authority of a county to lease real property to 1-2 certain organizations and to the procedures for such leases. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subsection (e), Section 263.007, Local Government 1-5 Code, is amended to read as follows: 1-6 (e) The commissioners court of a county may lease real 1-7 property owned or controlled by the county that was formerly owned 1-8 or controlled by the Texas Department of Mental Health and Mental 1-9 Retardation to a federal, state, or local government entity for 1-10 any purpose or to a nonprofit organization that is exempt from 1-11 federal taxation under Section 501(c)(3), Internal Revenue Code of 1-12 1986 (26 U.S.C. Section 501(c)(3)), to conduct health and human 1-13 service activities or such other activities which the commissioners 1-14 court finds to be in the public interest, without using the 1-15 sealed-bid or sealed-proposal process described in Subsection (a) 1-16 and without using any other competitive bidding process which would 1-17 otherwise be required by law. If the commissioners court of a 1-18 county chooses to lease under this subsection, the commissioners 1-19 court shall declare its intent to do so through written notice 1-20 posted in the same place and manner as the commissioners court 1-21 posts its regular meeting agenda not later than 30 days prior to 1-22 the beginning of the lease period. In setting the terms and 1-23 conditions of the lease, including but not limited to the amount of 2-1 the lease payment, the commissioners court may consider local 2-2 business custom regarding leases and the reasonable market value of 2-3 the leasehold, but the commissioners court is not bound thereby and 2-4 may also consider the extent to which the provision of services or 2-5 the other activities to be performed by the lessee will benefit the 2-6 public. This subsection does not limit the ability of a 2-7 commissioners court to enter into interlocal agreements, contracts, 2-8 or any other arrangement permitted by law. 2-9 (f) The procedure authorized by this section is an 2-10 alternative procedure to the procedure authorized by Section 2-11 272.001. 2-12 SECTION 2. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and an imperative public necessity that the 2-15 constitutional rule requiring bills to be read on three several 2-16 days in each house be suspended, and this rule is hereby suspended, 2-17 and that this Act take effect and be in force from and after its 2-18 passage, and it is so enacted.