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.