By Montford S.B. No. 1262
74R6344 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to Legislative Budget Board oversight of the acquisition,
1-3 management, development, accounting, and disposition of certain
1-4 state property.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter E, Chapter 31, Natural Resources Code,
1-7 is amended by adding Section 31.1571 to read as follows:
1-8 Sec. 31.1571. LEGISLATIVE BUDGET BOARD CONSENT REQUIRED FOR
1-9 DISPOSITION OF PROPERTY. If a real estate transaction is
1-10 authorized by the legislature by statute or is authorized by the
1-11 governor under Chapter 672, Acts of the 71st Legislature, Regular
1-12 Session, 1989 (Article 5421t, Vernon's Texas Civil Statutes), after
1-13 the division has reported the property as unused or underused, a
1-14 state agency that owns or controls the property may not develop,
1-15 sell, or otherwise dispose of the property in a manner inconsistent
1-16 with the commissioner's recommendations without the written consent
1-17 of the Legislative Budget Board.
1-18 SECTION 2. Section 31.158(a), Natural Resources Code, is
1-19 amended to read as follows:
1-20 (a) If the legislature by statute or if the governor under
1-21 Chapter 672, Acts of the 71st Legislature, Regular Session, 1989
1-22 (Article 5421t, Vernon's Texas Civil Statutes), authorizes a real
1-23 estate transaction involving real property owned or held in trust
1-24 by the state and the Legislative Budget Board provides written
2-1 consent to the transaction, the division shall take possession and
2-2 control of the property and shall negotiate and close such real
2-3 estate transaction on behalf of the state. In performing such
2-4 duties, the division shall act on behalf of the state agency which
2-5 owns or controls the subject state land. Proceeds from the real
2-6 estate transaction shall be deposited in the Texas capital trust
2-7 fund unless the proceeds are dedicated by the constitution of this
2-8 state to another fund or unless the authorization for <enabling
2-9 legislation ordering> the real estate transaction provides
2-10 otherwise.
2-11 SECTION 3. Sections 3(d), (e), and (h), Chapter 672, Acts of
2-12 the 71st Legislature, Regular Session, 1989 (Article 5421t,
2-13 Vernon's Texas Civil Statutes), are amended to read as follows:
2-14 (d) Not later than the 30th day after the date the <After a>
2-15 governor's proposal is published in the Texas Register, the
2-16 Legislative Budget Board shall approve the proposal, reject the
2-17 proposal, approve the proposal subject to conditions determined by
2-18 the board to protect the state's interest, or <may> conduct a
2-19 public hearing on the proposal. The board shall give notice of a
2-20 public hearing under this section in the manner provided by law for
2-21 notice of regular meetings of the board. The notice of the public
2-22 hearing <meeting> must include a description of the nature of the
2-23 proposal to be considered. If the agenda includes a public hearing
2-24 on a proposal, the notice must so state.
2-25 (e) If the board conducts <At> a public hearing, the board
2-26 may, <meeting held> not later than the 30th day after the date the
2-27 public hearing is concluded <governor's proposal is published in
3-1 the Texas Register, the board may>:
3-2 (1) approve the proposal;
3-3 (2) reject the proposal; or
3-4 (3) approve the proposal subject to conditions
3-5 determined by the board to protect the state's interest <recommend
3-6 changes in the proposal>.
3-7 (h) The board shall notify the division of its decision not
3-8 later than the 10th day after the date the board issues its
3-9 decision <regarding the real property within 10 days after the
3-10 conclusion of its hearing>. If the board approves the real estate
3-11 transaction as proposed, that shall constitute authority for the
3-12 division to take appropriate charge and control of the real
3-13 property to undertake the real estate transaction recommended.
3-14 SECTION 4. This Act takes effect September 1, 1995.
3-15 SECTION 5. Not later than November 1, 1995, the asset
3-16 management division of the General Land Office shall provide the
3-17 Legislative Budget Board with a certified list of all properties
3-18 identified as unused or underused in the division's most recent
3-19 evaluation.
3-20 SECTION 6. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.