S.B. No. 1262
AN ACT
1-1 relating to the management, development, accounting, and
1-2 disposition of certain state property.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (b) and (d), Section 31.157, Natural
1-5 Resources Code, are amended to read as follows:
1-6 (b) The draft report shall be submitted to the State
1-7 Purchasing and General Services Commission which shall further
1-8 evaluate the potential use of the property by another state agency
1-9 or department. The draft report shall also be submitted, at the
1-10 same time as it is furnished to the commission, to each agency that
1-11 owns or holds in trust property that is the subject of the draft
1-12 report. The commission may comment on any findings or
1-13 recommendations made by the commissioner and may make additional
1-14 recommendations regarding the use of the property. The commission
1-15 shall complete the review of the draft report within 60 days of the
1-16 receipt of the report and forward the comments to the commissioner.
1-17 (d) The final report shall be submitted to the governor, the
1-18 presiding officers of both houses of the legislature, the
1-19 Legislative Budget Board, and the governor's budget office not
1-20 later than September 1 of each <the> year <preceding a regular
1-21 session of the legislature>. If the report contains an evaluation
1-22 of a sale of property, it must also contain an evaluation of the
1-23 lease potential of the property.
1-24 SECTION 2. Subchapter E, Chapter 31, Natural Resources Code,
2-1 is amended by adding Section 31.1571 to read as follows:
2-2 Sec. 31.1571. DISPOSAL OF UNUSED OR UNDERUSED PROPERTY.
2-3 (a) Notwithstanding any other law, after the division has reported
2-4 a property unused or underused and the commissioner has made a
2-5 recommendation to the governor for a real estate transaction
2-6 involving the property, the state agency that owns or controls the
2-7 property may not develop, sell, or otherwise dispose of the
2-8 property before the earlier of:
2-9 (1) the date the governor rejects a recommended real
2-10 estate transaction involving the property pursuant to Chapter 672,
2-11 Acts of the 71st Legislature, Regular Session, 1989 (Article 5421t,
2-12 Vernon's Texas Civil Statutes); or
2-13 (2) two years from the date the recommendation is
2-14 approved by operation of law under Chapter 672, Acts of the 71st
2-15 Legislature, Regular Session, 1989 (Article 5421t, Vernon's Texas
2-16 Civil Statutes).
2-17 (b) If a state agency that owns or controls property that
2-18 the division has reported as unused or underused intends to dispose
2-19 of or change the use of the property prior to the time provided by
2-20 Subsection (a), the state agency shall submit to the governor a
2-21 general development plan for future use of the property. The plan
2-22 shall be submitted no later than 30 days prior to the time that the
2-23 real estate transaction would be approved by operation of law if
2-24 not disapproved by the governor pursuant to Chapter 672, Acts of
2-25 the 71st Legislature, Regular Session, 1989 (Article 5421t,
2-26 Vernon's Texas Civil Statutes). The governor may take such plan
2-27 into consideration in determining whether to reject the
3-1 commissioner's recommendation.
3-2 SECTION 3. Subsections (e) and (f), Section 2, Chapter 672,
3-3 Acts of the 71st Legislature, Regular Session, 1989 (Article 5421t,
3-4 Vernon's Texas Civil Statutes), are amended to read as follows:
3-5 (e) The expenses incurred by the division in conducting the
3-6 real estate transaction, including the payment of reasonable
3-7 brokerage fees, may be deducted from the proceeds of the
3-8 transaction prior to deposit of the proceeds <in the Texas capital
3-9 trust fund or other appropriate depository account>. The division
3-10 may promulgate rules relating to the payment of reasonable
3-11 brokerage fees. Unless the proceeds of the transaction are
3-12 dedicated by the constitution, the proceeds of the transaction
3-13 shall be deposited as follows:
3-14 (1) if the agency is eligible to participate in the
3-15 Texas capital trust fund under Chapter 2201, Government Code, the
3-16 deposit shall be made to that fund;
3-17 (2) if the agency is not eligible to participate in
3-18 the Texas capital trust fund pursuant to Chapter 2201, Government
3-19 Code, the deposit shall be made into the state treasury to the
3-20 credit of the affected agency; or
3-21 (3) notwithstanding Subdivisions (1) and (2) of this
3-22 subsection, as otherwise directed pursuant to the procedures of
3-23 Chapter 317, Government Code.
3-24 (f) This article does not apply to a real estate transaction
3-25 involving real property owned by the state which the division has
3-26 no duty to review under the provisions of Section 31.155(d),
3-27 Natural Resources Code <Act is not applicable to any real estate
4-1 transaction administered by a state agency that, pursuant to
4-2 Article 601e, Revised Statutes, is ineligible to benefit from the
4-3 Texas capital trust fund or to any real estate transaction
4-4 involving permanent school fund land>.
4-5 SECTION 4. Subsections (a), (b), and (c), Section 3, Chapter
4-6 672, Acts of the 71st Legislature, Regular Session, 1989 (Article
4-7 5421t, Vernon's Texas Civil Statutes), are amended to read as
4-8 follows:
4-9 (a) After properties are recommended for alternate use by
4-10 the division during the recurring property review and report
4-11 required by Subchapter E, Chapter 31, Natural Resources Code, the
4-12 agency possessing the real property recommended for alternative use
4-13 shall have 60 days after the date it receives the written
4-14 recommendation to file its comments on or objections to the
4-15 recommendations with the governor. <If, within 90 days after the
4-16 date the governor receives the written recommendation, the governor
4-17 disapproves of the alternate use recommended, the division may not
4-18 enter into any real estate transaction involving those properties
4-19 until authorized by the legislature. After the governor
4-20 disapproves a recommendation, the governor may request and the
4-21 division may make additional recommendations relating to the
4-22 property.>
4-23 (b) If the division reports a property as unused or
4-24 underused and the commissioner of the General Land Office
4-25 recommends a real estate transaction involving the property, the
4-26 commissioner is authorized to conduct the transaction unless the
4-27 recommendation is disapproved by the governor no later than 90 days
5-1 after receiving the commissioner's written recommendation. The
5-2 governor may disapprove a recommended real estate transaction by
5-3 providing written notice of the disapproval to the commissioner of
5-4 the General Land Office no later than 90 days after receiving the
5-5 commissioner's written recommendation. <After finding that a real
5-6 estate transaction would be appropriate, the governor may propose
5-7 that the division complete the recommended real estate transaction.
5-8 The governor may make a proposal at any time except during a
5-9 regular or special session of the legislature.>
5-10 (c) If a recommended real estate transaction is approved as
5-11 provided by Subsection (b) of this section, the division shall take
5-12 appropriate charge and control of the real property to undertake
5-13 the real estate transaction recommended. <The governor shall
5-14 specify the details of the proposal, give the complete legal
5-15 description and location of the property, and direct the secretary
5-16 of state to publish the proposal in the Texas Register.>
5-17 SECTION 5. Subsections (d) through (l), Section 3, Chapter
5-18 672, Acts of the 71st Legislature, Regular Session, 1989 (Article
5-19 5421t, Vernon's Texas Civil Statutes), are repealed.
5-20 SECTION 6. This Act takes effect September 1, 1995.
5-21 SECTION 7. Not later than November 1, 1995, the asset
5-22 management division of the General Land Office shall provide the
5-23 governor and the Legislative Budget Board with a certified list of
5-24 all properties identified as unused and underused in the division's
5-25 most recent evaluation and, where appropriate, recommendations for
5-26 real estate transactions regarding the listed properties.
5-27 SECTION 8. The importance of this legislation and the
6-1 crowded condition of the calendars in both houses create an
6-2 emergency and an imperative public necessity that the
6-3 constitutional rule requiring bills to be read on three several
6-4 days in each house be suspended, and this rule is hereby suspended.