Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Goolsby H.B. No. 3515
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to development of state buildings by the General Services
1-3 Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2166.052, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 2166.052. Acquisition and Disposition of Property.
1-8 (a) The commission, as provided by law and by legislative
1-9 appropriation, may:
1-10 (1) acquire necessary real and personal property and
1-11 modernize, remodel, build, or equip buildings for state purposes;
1-12 and
1-13 (2) contract as necessary to accomplish these
1-14 purposes.
1-15 (b) The commission may not sell or otherwise dispose of real
1-16 property of the state except by specific authority granted by the
1-17 legislature.
1-18 (c) The commission is hereby specifically authorized to
1-19 enter into a cooperative agreement with the City of Austin to
1-20 govern the transfer, sale or exchange of real property and other
1-21 interests which will facilitate development of the Capital Complex
1-22 in the City of Austin bounded on the North by Martin Luther King,
1-23 Jr. Blvd., on the South by W. 11th Street, on the East by San
1-24 Jacinto Blvd. and on the West by Lavaca. Such agreement shall
2-1 allow the vacation of street rights of way, easements and other
2-2 interests by the City of Austin in favor of the State of Texas, for
2-3 a reasonable value established by the parties and credited against
2-4 future property interests the City of Austin may want to acquire
2-5 from the State of Texas for property beyond the boundaries
2-6 described above.
2-7 SECTION 2. Section 272.001, Local Government Code, is
2-8 amended to read as follows:
2-9 Sec. 272.001. Notice of Sale or Exchange of Land by
2-10 Political Subdivision; Exceptions. (a) Except for the types of
2-11 land and interests covered by Subsection (b), (g), (h), or (i), and
2-12 except as provided by Section 253.007, before land owned by a
2-13 political subdivision of the state may be sold or exchanged for
2-14 other land, notice to the general public of the offer of the land
2-15 for sale or exchange must be published in a newspaper of general
2-16 circulation in either the county in which the land is located or,
2-17 if there is no such newspaper, in an adjoining county. The notice
2-18 must include a description of the land, including its location, and
2-19 the procedure by which sealed bids to purchase the land or offers
2-20 to exchange the land may be submitted. The notice must be
2-21 published on two separate dates and the sale or exchange may not be
2-22 made until after the 14th day after the date of the second
2-23 publication.
2-24 (b) The notice and bidding requirements of Subsection (a) do
2-25 not apply to the types of land and real property interests
2-26 described by this subsection and owned by a political subdivision.
2-27 The land and those interests described by this subsection may not
2-28 be conveyed, sold, or exchanged for less than the fair market value
2-29 of the land or interest unless the conveyance, sale, or exchange is
2-30 with one or more abutting property owners who own the underlying
3-1 fee simple. The fair market value is determined by an appraisal
3-2 obtained by the political subdivision that owns the land or
3-3 interest or, in the case of land or an interest owned by a
3-4 home-rule municipality, the fair market value may be determined by
3-5 the price obtained by the municipality at a public auction for
3-6 which notice to the general public is published in the manner
3-7 described by Subsection (a). The notice of the auction must
3-8 include, instead of the content required by Subsection (a), a
3-9 description of the land, including its location, the date, time and
3-10 location of the auction, and the procedures to be followed at the
3-11 auction. The appraisal or public auction price, except as
3-12 authorized in subsection (c)(3) below, is conclusive of the fair
3-13 market value of the land or interest, regardless of any contrary
3-14 provision of a home-rule charter. This subsection applies to:
3-15 (1) narrow strips of land, or land that because of its
3-16 shape, lack of access to public roads, or small area cannot be used
3-17 independently under its current zoning or under applicable
3-18 subdivision or other development control ordinances;
3-19 (2) streets or alleys, owned in fee or used by
3-20 easement;
3-21 (3) land or a real property interest originally
3-22 acquired for streets, rights-of-way, or easements that the
3-23 political subdivision chooses to exchange for other land to be used
3-24 for streets, rights-of-way, easements, or other public purposes,
3-25 including transactions partly for cash;
3-26 (4) land that the political subdivision wants to have
3-27 developed by contract with an independent foundation;
3-28 (5) a real property interest conveyed to a
3-29 governmental entity that has the power of eminent domain; or
3-30 (6) a municipality's land that is located in a
4-1 reinvestment zone designated as provided by law and that the
4-2 municipality desires to have developed under a project plan adopted
4-3 by the municipality for the zone.
4-4 (c) The land or interest described by Subsections (b)(1) and
4-5 (2) may be sold to:
4-6 (1) abutting property owners in the same subdivision
4-7 if the land has been subdivided; [or]
4-8 (2) abutting property owners in proportion to their
4-9 abutting ownership, and the division between owners must be made in
4-10 an equitable manner; or [.]
4-11 (3) the State of Texas for a reasonable value agreed
4-12 to between the state and the city for any such interests as are
4-13 located within the area in the City of Austin bounded on the North
4-14 by MLK Blvd, on the South by West 11th, East on San Jacinto and
4-15 West on Lavaca, for the public purpose of furthering the
4-16 development of the Capitol Complex..
4-17 (d) This section does not require the governing body of a
4-18 political subdivision to accept any bid or offer or to complete a
4-19 sale or exchange.
4-20 (e) This section does not apply to land in the permanent
4-21 school fund that is authorized by legislature to be exchanged for
4-22 other land of at least equal value.
4-23 (f) The fair market value of land, an easement, or other
4-24 real property interest in exchange for land, an easement, or other
4-25 real property interest as authorized by Subsection (b)(3) is
4-26 conclusively determined by an appraisal obtained by the political
4-27 subdivision. The cost of any streets, utilities, or other
4-28 improvements constructed on the affected land or to be constructed
4-29 by an entity other than the political subdivision on the affected
4-30 land may be considered in determining that fair market value.
5-1 (g) A political subdivision may acquire or assemble land or
5-2 real property interest, except by condemnation, and sell, exchange,
5-3 or otherwise convey the land or interests to an entity for the
5-4 development of low-income or moderate-income housing. The
5-5 municipality shall determine the terms and conditions of the
5-6 transactions so as to effectuate and maintain the public purpose.
5-7 If conveyance of land under this subsection serves a public
5-8 purpose, the land may be conveyed for less than its fair market
5-9 value. In this subsection, "entity" means an individual,
5-10 corporation, partnership, or other legal entity.
5-11 (h) A municipality having a population of 250,000 or less
5-12 and owning land within 5,000 feet of where the shoreline of a lake
5-13 would be if the lake were filled to its storage capacity may,
5-14 without notice or the solicitation of bids, sell the land to the
5-15 person leasing the land for the fair market value of the land as
5-16 determined by a certified appraiser. While land described by this
5-17 subsection is under lease, the municipality owning the land may not
5-18 sell the land to any person other than the person leasing the land.
5-19 In this subsection "lake" means an inland body of standing water,
5-20 including a reservoir formed by impounding the water of a river or
5-21 creek but not including an impoundment of salt water or brackish
5-22 water, that has a storage capacity of more than 10,000 acre-feet.
5-23 (i) A political subdivision that acquires land or a real
5-24 property interest with funds received for economic development
5-25 purposes from the community development block grant non-entitlement
5-26 program authorized by Title I of the Housing and Community
5-27 Development Act of 1974 (42 U.S.C. Section 5301 et seq.) may lease
5-28 or convey the land or interest, without the solicitation of bids,
5-29 to a private, for-profit entity or a nonprofit entity that is a
5-30 party to a contract with the political subdivision if the land or
6-1 interest will be used by the private, for-profit entity or the
6-2 nonprofit entity in carrying out the purpose of the entity's grant
6-3 or contract. The land or interest may be leased or conveyed
6-4 without the solicitation of bids if the political subdivision
6-5 adopts a resolution stating the conditions and circumstances for
6-6 the lease or conveyance and the public purpose that will be
6-7 achieved by the lease or conveyance.
6-8 SECTION 3. The importance of this legislation and the
6-9 crowded condition of the calendars in both houses create an
6-10 emergency and an imperative public necessity that the
6-11 constitutional rule requiring bills to be read on three several
6-12 days in each house be suspended, and this rule is hereby suspended,
6-13 and that this Act take effect and be in force from and after its
6-14 passage, and it is so enacted.