SRC-SLL H.B. 2162 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2162
76R10834 PAM-FBy: Naishtat (Barrientos)
Natural Resources
5/13/1999
Engrossed


DIGEST 

Currently, there are no public input requirements when the state sells or
leases its land for nongovernmental use.  Community notification and
participation in the sale or lease of state land for nongovernmental use
may help to ensure responsible and accountable development.  H.B. 2162
provides guidelines to promote public comment and input  relating to the
development of state owned land.  

PURPOSE

As proposed, H.B. 2162 provides regulations regarding the process for
preparing a development plan before certain state owned property is offered
for sale or lease. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of the General Land
Office in SECTION 1 (Section 31.1611(f), Natural Resources Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 31E, Natural Resources Code, by adding Section
31.1611, as follows: 

Sec.  31.1611.  PUBLIC HEARING BEFORE PREPARATION OF DEVELOPMENT PLAN.
Require the asset management division (division), if the division is
requested to prepare a development plan (plan), to notify the local
government to which the plan will be submitted, of the division's intent to
prepare a plan.  Requires the division to provide the local government with
certain information.  Authorizes the local government, within a certain
time period, to request the division hold a public hearing.  Requires the
division to hold a public hearing if requested by the local government.
Sets forth requirements for the public hearing.  Authorizes the
commissioner of the General Land Office (commissioner) to hold a public
hearing to solicit public comment, if the local government does not request
a public hearing.  Sets forth requirements for the public hearing.
Authorizes a public hearing under this section to include certain
presentations, oral comments, and written comments. Requires the division
to prepare a summary of the information and testimony presented at a
hearing.  Authorizes the division to develop recommendations based on the
information and testimony.  Requires the division to prepare and deliver a
report to the commissioner summarizing the information and testimony
presented and the views presented by the state, the affected local
governments, and other persons who participated in the hearing process.
Requires the commissioner to review the division's report and may instruct
the division to incorporate information based on the report in preparing
the plan.  Authorizes the commissioner to adopt rules to implement this
section.  Requires the division to administer the process provided by this
section. 

SECTION 2.  Amends Section 31.167(a), Natural Resources Code, to authorize
the division, at the direction of the commissioner, to revise a plan to
conserve and enhance the value of marketability of property, if the
division does not receive a bid or auction solicitation for real property
subject to the plan. 

 SECTION 3.  Emergency clause.
            Effective date: upon passage.