1-1 By: Moncrief S.B. No. 771 1-2 (In the Senate - Filed February 27, 1995; February 28, 1995, 1-3 read first time and referred to Committee on Intergovernmental 1-4 Relations; March 22, 1995, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 10, Nays 0; 1-6 March 22, 1995, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 771 By: Ellis 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the authority of a county to lease real property to 1-11 certain organizations and to the procedures for such leases. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Section 263.001, Local Government Code, is 1-14 amended by adding Subsection (d) to read as follows: 1-15 (d) The commissioners court of a county may lease real 1-16 property owned or controlled by the county to a federal, state, or 1-17 local governmental entity for any purpose, or to a nonprofit 1-18 organization that is exempt from federal taxation under Section 1-19 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 1-20 501(c)(3)), to conduct health and human service activities or such 1-21 other activities which the commissioners court finds to be in the 1-22 public interest, without using the public auction process described 1-23 in Subsection (a) and without using any other competitive bidding 1-24 process which would otherwise be required by law. If the 1-25 commissioners court of a county chooses to lease under this 1-26 section, the commissioners court shall declare its intent to do so 1-27 through written notice posted in the same place and manner as the 1-28 commissioners court posts its regular meeting agenda not later than 1-29 30 days prior to the beginning of the lease period. In setting the 1-30 terms and conditions of the lease, including but not limited to the 1-31 amount of the lease payment, the commissioners court may consider 1-32 local business custom regarding leases and the reasonable market 1-33 value of the leasehold, but the commissioners court is not bound 1-34 thereby and may also consider the extent to which the provision of 1-35 services or the other activities to be performed by the lessee will 1-36 benefit the public. This section does not limit the ability of a 1-37 commissioners court to enter into interlocal agreements, contracts, 1-38 or any other arrangement permitted by law. 1-39 SECTION 2. The importance of this legislation and the 1-40 crowded condition of the calendars in both houses create an 1-41 emergency and an imperative public necessity that the 1-42 constitutional rule requiring bills to be read on three several 1-43 days in each house be suspended, and this rule is hereby suspended, 1-44 and that this Act take effect and be in force from and after its 1-45 passage, and it is so enacted. 1-46 * * * * *