75R12600 PAM-F
By Nelson, et al. S.B. No. 728
Substitute the following for S.B. No. 728:
By Staples C.S.S.B. No. 728
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the management, control, disposition, and status of
1-3 certain state land, including land owned or used for the site of
1-4 the superconducting super collider research facility.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 465.018, Government Code, is amended by
1-7 adding Subsection (d) to read as follows:
1-8 (d) The authority of the commission to manage, control,
1-9 market, and dispose of real property and interests in real property
1-10 is transferred to the General Land Office. The powers conferred on
1-11 the General Land Office under this subsection are in addition to
1-12 and not in derogation of any other legal authority the General Land
1-13 Office has to acquire, manage, control, market, and dispose of real
1-14 property.
1-15 SECTION 2. Subchapter G, Chapter 31, Natural Resources Code,
1-16 is amended by adding Sections 31.307 and 31.308 to read as follows:
1-17 Sec. 31.307. DEDICATION OF ROADS. The commissioner may
1-18 dedicate roads located on the land used as the site for the
1-19 superconducting super collider research facility to the county in
1-20 which the roads are located if the commissioner believes that the
1-21 dedication will enhance the value of remaining state land.
1-22 Sec. 31.308. CONVEYANCE OF SURFACE AND SUBSURFACE ESTATE.
1-23 (a) In this section, "subsurface estate" means the subsurface
1-24 acquired by the state to construct or maintain the underground
2-1 accelerator partially built or proposed to be built as part of the
2-2 superconducting super collider research facility.
2-3 (b) The commissioner shall convey the state's interest in
2-4 the subsurface estate underlying the surface estate of land used as
2-5 the site for the superconducting super collider research facility
2-6 if the owner of the surface estate pays a sum equal to the fair
2-7 market value of the subsurface estate as determined by the
2-8 commissioner. After the state conveys its interest in the
2-9 subsurface estate as provided by this subsection, title to the
2-10 subsurface estate is reunited with the title to the surface estate.
2-11 (c) Unless the instrument of conveyance provides otherwise,
2-12 a conveyance of the surface estate of land by the state under this
2-13 subchapter includes the conveyance of the subsurface estate to the
2-14 extent of the state's interest in the subsurface estate.
2-15 (d) The commissioner may adopt rules necessary to implement
2-16 this section.
2-17 SECTION 3. Subchapter G, Chapter 31, Natural Resources Code,
2-18 is amended by adding Section 31.309 to read as follows:
2-19 Sec. 31.309. PREFERENCE RIGHT TO PURCHASE CERTAIN LAND.
2-20 (a) A person or the person's heirs who conveyed land to the state
2-21 for use by the superconducting super collider research facility has
2-22 a preference right to purchase the same tract of land previously
2-23 conveyed before the tract is offered for sale by the state to any
2-24 other person.
2-25 (b) A person who has a preference right under this section
2-26 must pay at least the fair market value for the land as determined
2-27 by an appraisal conducted by the General Land Office.
3-1 (c) This section does not apply to a subsurface estate as
3-2 defined by Section 31.308.
3-3 (d) The commissioner may adopt rules necessary to implement
3-4 this section.
3-5 SECTION 4. Section 23.46(c), Tax Code, is amended to read as
3-6 follows:
3-7 (c) If land that has been designated for agricultural use in
3-8 any year is sold or diverted to a nonagricultural use, the total
3-9 amount of additional taxes for the three years preceding the year
3-10 in which the land is sold or diverted plus interest at the rate
3-11 provided for delinquent taxes becomes due. A determination that
3-12 the land has been diverted to a nonagricultural use is made by the
3-13 chief appraiser. For purposes of this subsection, the chief
3-14 appraiser may not consider any period during which land is owned by
3-15 the state in determining whether the land has been diverted to a
3-16 nonagricultural use. The chief appraiser shall deliver a notice of
3-17 the determination to the owner of the land as soon as possible
3-18 after making the determination and shall include in the notice an
3-19 explanation of the owner's right to protest the determination. If
3-20 the owner does not file a timely protest or if the final
3-21 determination of the protest is that the additional taxes are due,
3-22 the assessor for each taxing unit shall prepare and deliver a bill
3-23 for the additional taxes plus interest as soon as practicable after
3-24 the change of use occurs. If the additional taxes are due because
3-25 of a sale of the land, the assessor for each taxing unit shall
3-26 prepare and deliver the bill as soon as practicable after the sale
3-27 occurs. The taxes and interest are due and become delinquent and
4-1 incur penalties and interest as provided by law for ad valorem
4-2 taxes imposed by the taxing unit if not paid before the next
4-3 February 1 that is at least 20 days after the date the bill is
4-4 delivered to the owner of the land.
4-5 SECTION 5. Section 23.55(a), Tax Code, is amended to read as
4-6 follows:
4-7 (a) If the use of land that has been appraised as provided
4-8 by this subchapter changes, an additional tax is imposed on the
4-9 land equal to the difference between the taxes imposed on the land
4-10 for each of the five years preceding the year in which the change
4-11 of use occurs that the land was appraised as provided by this
4-12 subchapter and the tax that would have been imposed had the land
4-13 been taxed on the basis of market value in each of those years,
4-14 plus interest at an annual rate of seven percent calculated from
4-15 the dates on which the differences would have become due. For
4-16 purposes of this subsection, the chief appraiser may not consider
4-17 any period during which land is owned by the state in determining
4-18 whether a change in the use of the land has occurred.
4-19 SECTION 6. (a) Except as provided by Subsection (b) of this
4-20 section, this Act takes effect September 1, 1997.
4-21 (b) Section 3 of this Act takes effect January 1, 1998.
4-22 SECTION 7. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended.