HBA-MPM, NIK H.B. 2162 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2162 By: Naishtat Land & Resource Management 8/11/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, there were no public input requirements when the state sold or leased its land for nongovernmental use. Community notification and participation in the sale or lease of state land for nongovernmental use may help ensure responsible and accountable development. H.B. 2162 provides guidelines to promote public comment and input relating to the development of stateowned land. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of the General Land Office in SECTION 1 (Section 31.1611, Natural Resources Code) in this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter E, Chapter 31, Natural Resources Code, by adding Section 31.1611, as follows: Sec. 31.1611. PUBLIC HEARING BEFORE PREPARATION OF DEVELOPMENT PLAN. (a) Requires the asset management division (division) to notify the local government to which the plan will be submitted under Section 31.162 (Submission of the Plan to Affected Local Government) of the division's intent to prepare a development plan if the division is requested to prepare a development plan under Section 31.161(Development Plan). Requires the division to provide the local government with certain information relating to the location and best use of the property and the process for preparing the development plan and special board review. (b) Authorizes the local government to request the division to hold a public hearing, within a specified time, to solicit public comment. Requires the division to hold a public hearing if requested by the local government. Requires the local government to provide notice of the hearing to property owners in at least the same manner that notice is provided for adopting zoning regulations or subdivision requirements in the local government's jurisdiction. Requires the division to set the agenda for the hearing and must complete the hearing not later than the 120th day after the date the notice is provided under Subsection (a). (c) Authorizes the commissioner of the General Land Office (commissioner) to hold a hearing to solicit public comment if the local government does not request a public hearing under Subsection (b). Requires the division to provide notice of the hearing in the same manner that a local government is required to provide notice under Subsection (b). Requires the commissioner to set the agenda for the hearing and must complete the hearing not later than the 120th day after the date the notice is provided under Subsection (a). (d) Authorizes a public hearing under this section to include certain presentations and oral comments relating to the development of the property. (e) Requires the division to prepare a summary of the information and testimony presented at a hearing conducted under this section and is authorized 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 at the hearing 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 authorizes the commissioner to instruct the division to incorporate information based on the report in preparing the development plan under Section 31.161. (f) 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 Resource Code, to add text providing an exception as provided by this subsection. Authorizes the division, at the direction of the commissioner, to revise the development plan to conserve and enhance the value and marketability of the property if the division does not receive a bid or auction solicitation for the real property subject to the development plan. SECTION 3. Emergency clause. Effective date: upon passage.