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.
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