JH S.B. 544 75(R)    BILL ANALYSIS


URBAN AFFAIRS
S.B. 544
By: Carona (Driver)
4-2-97
Committee Report (Unamended)



BACKGROUND 

Currently, state law requires a city to follow certain procedures in the
sale or exchange of certain lands, including a park property.  The cost of
disposing of park properties raises concern among some communities, as in
the case of Garland. 

PURPOSE

As engrossed, S.B. 544 allows municipalities to sell and/or dispose of
park property without a public election process under specific
circumstances.  These include the park must be of 1.25 acres or less, the
city must conduct a public hearing and determine that the property is "no
longer usable and functional as a park and that the conveyance is in the
best interest of the public," and proceeds from the sale must be used to
acquire additional park land in the municipality.  In addition, the park
must have been acquired by the municipality from the U.S. Department of
Housing and Urban Development, by tax sale or foreclosure, or by
dedication in lieu of a tax sale or foreclosure, and the conveyance must
be made on or after September 1, 1997.  This subsection added by S.B. 544
expires on September 1, 2002. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 253.001, Local Government Code, by adding
Subsection (h)   which states that the election requirement of Subsection
(b) does not apply to a   conveyance of a park if (A) the park is 1.25
acres or less; (B) the governing body   finds, after a public hearing,
that the property is no longer usable and functional as   a park and that
the conveyance is in the best interest of the public; (C) any   proceeds
from the conveyance will be used only for the acquisition of additional
park land in the municipality; (D) the park was acquired by the
municipality from   the U.S. Department of Housing and Urban Development;
by tax sale or    foreclosure; or by dedication in lieu of a tax sale or
foreclosure; and (E) the    conveyance is made on or after September 1,
1997.  This subsection expires on    September 1, 2002. 

SECTION 2.  Effective date:  September 1, 1997.

SECTION 3.  Emergency clause.