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. Section 263.001, Local Government Code, is 1-5 amended by adding Subsection (d) to read as follows: 1-6 (d) The commissioners court of a county may lease real 1-7 property owned or controlled by the county to a federal, state, or 1-8 local governmental entity for any purpose, or to a tax-exempt or 1-9 nonprofit organization to conduct health and human service 1-10 activities or such other activities which the commissioners court 1-11 finds to be in the public interest, without using the public 1-12 auction process described in Subsection (a) and without using any 1-13 other competitive bidding process which would otherwise be required 1-14 by law. If the commissioners court of a county chooses to lease 1-15 under this section, the commissioners court shall declare its 1-16 intent to do so through written notice posted in the same place and 1-17 manner as the commissioners court posts its regular meeting agenda 1-18 not later than 30 days prior to the beginning of the lease period. 1-19 In setting the terms and conditions of the lease, including but not 1-20 limited to the amount of the lease payment, the commissioners court 1-21 may consider local business custom regarding leases and the 1-22 reasonable market value of the leasehold, but the commissioners 1-23 court is not bound thereby and may also consider the extent to 2-1 which the provision of services or the other activities to be 2-2 performed by the lessee will benefit the public. This section does 2-3 not limit the ability of a commissioners court to enter into 2-4 interlocal agreements, contracts, or any other arrangement 2-5 permitted by law. 2-6 SECTION 2. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended, 2-11 and that this Act take effect and be in force from and after its 2-12 passage, and it is so enacted.