75R11083 PAM-F                           

         By Greenberg, Turner of Coleman, Delisi,              H.B. No. 3465

            Averitt

         Substitute the following for H.B. No. 3465:

         By Turner of Coleman                              C.S.H.B. No. 3465

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the disposition of certain state property designated

 1-3     for military use.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 431.030, Government Code, is amended by

 1-6     adding Subsection (e) to read as follows:

 1-7           (e)  The adjutant general shall identify any real property

 1-8     designated for military use by this state that is not being used or

 1-9     is being substantially underused and submit a report identifying

1-10     the real property to the General Land Office for the purpose of

1-11     preparing the property review required by Subchapter E, Chapter 31,

1-12     Natural Resources Code.  The adjutant general shall identify

1-13     property as required by this subsection according to military

1-14     criteria for use of real property.

1-15           SECTION 2.  Section 31.156, Natural Resources Code, is

1-16     amended  by amending Subsections (b) and (c) and adding Subsection

1-17     (d) to read as follows:

1-18           (b)  Except as provided by Subsection (c), the [The] division

1-19     shall identify the real property not being used or being

1-20     substantially underused and make recommendations to the

1-21     commissioner regarding the use of the property or regarding a real

1-22     estate transaction involving the property.  The recommendations

1-23     shall include an analysis of the highest and best use to which the

1-24     property may legally be placed.  It shall include recommendations

 2-1     for alternative uses of the property addressing potential for

 2-2     commercial or agricultural lease of the property or any other real

 2-3     estate transaction or use that the division may deem to be in the

 2-4     best interest of the state.  The division shall solicit proposals

 2-5     and shall accept any unsolicited proposals about real estate

 2-6     transactions involving the property that would be of significant

 2-7     benefit to the state.

 2-8           (c)  The division is not required to identify real property

 2-9     as required by Subsection (b) if the real property is designated

2-10     for military use by this state.  After the  adjutant general

2-11     identifies real property designated for military use by this state

2-12     as not being used or being substantially underused as provided by

2-13     Section 431.030, Government Code, the division shall make

2-14     recommendations to the commissioner regarding the use of the

2-15     property or regarding a real estate transaction involving the

2-16     property as provided by this section.

2-17           (d)  The division shall, on completion of a review, submit to

2-18     the commissioner any information pertinent to the evaluation of a

2-19     real estate transaction involving the real property, including the

2-20     current market value of the property and including an evaluation of

2-21     any proposals received from private parties that would be of

2-22     significant benefit to the state.  If the division submits an

2-23     evaluation of a sale of property, it must also submit an evaluation

2-24     of the lease potential of the property.

2-25           SECTION 3.  This Act takes effect September 1, 1997.

2-26           SECTION 4.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended.