By Greenberg                                          H.B. No. 2094
         76R3074 MLS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the planning process involved in the development of
 1-3     real property owned by the state.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 31.154, Natural Resources Code, is
 1-6     amended to read as follows:
 1-7           Sec. 31.154. PROPERTY INVENTORY; MASTER PLAN.  (a)  The
 1-8     division shall review and keep inventory records of all real
 1-9     property owned by the state.  The division shall compile the
1-10     inventory records from the information submitted to the division
1-11     under Sections 31.153 and 31.155 [of this subchapter].
1-12           (b)  Using the inventory records, the division shall create a
1-13     master plan for all real property owned by the state.  The division
1-14     shall update the master plan each year the division conducts a
1-15     property review under Section 31.156.
1-16           SECTION 2.  Section 31.156(b), Natural Resources Code, is
1-17     amended to read as follows:
1-18           (b)  The division shall identify the real property not being
1-19     used or being substantially underused and make recommendations to
1-20     the commissioner regarding the use of the property or regarding a
1-21     real estate transaction involving the property.  The
1-22     recommendations shall include an analysis of the highest and best
1-23     use to which the property may legally be placed.  It shall include
1-24     recommendations for alternative uses of the property addressing
 2-1     potential for commercial or agricultural lease of the property or
 2-2     any other real estate transaction or use that the division may deem
 2-3     to be in the best interest of the state.  The division shall seek
 2-4     local input on the recommendations regarding the use of the
 2-5     property or any real estate transaction involving the property.
 2-6     The division shall then solicit proposals and shall accept any
 2-7     unsolicited proposals about real estate transactions involving the
 2-8     property that would be of significant benefit to the state.
 2-9           SECTION 3.  Subchapter E, Chapter 31, Natural Resources Code,
2-10     is amended by adding Section 31.1565 to read as follows:
2-11           Sec. 31.1565.  PROPOSAL REVIEW COMMITTEE.  (a)  If the
2-12     division makes recommendations and solicits proposals for
2-13     alternative uses of certain real property under Section 31.156(b),
2-14     the division shall form a proposal review committee for each real
2-15     estate transaction.
2-16           (b)  A proposal review committee shall be composed of at
2-17     least one representative from the following groups:
2-18                 (1)  the state agency that possesses or controls the
2-19     real property that is the subject of the proposed real estate
2-20     transaction;
2-21                 (2)  each municipality in which the real property that
2-22     is the subject of the proposed real estate transaction is located;
2-23     and
2-24                 (3)  the neighborhood or geographic area surrounding
2-25     the real property that is the subject of the proposed real estate
2-26     transaction.
2-27           (c)  The proposal review committee shall review each proposed
 3-1     real estate transaction and obtain input to the extent possible
 3-2     from all persons potentially affected by the proposed real estate
 3-3     transaction.  The committee shall provide the division with written
 3-4     recommendations that detail which proposals should be accepted and
 3-5     which proposals should be rejected and the reasons supporting the
 3-6     recommended action.  The division must submit the recommendations
 3-7     of the committee to the commissioner under Section 31.156(c).
 3-8           SECTION 4.  (a)  This Act takes effect September 1, 1999.
 3-9           (b)  Sections 2 and 3 of this Act apply only to a review of
3-10     the real property of a state agency under Section 31.156, Natural
3-11     Resources Code, begun on or after the effective date of this Act.
3-12     A review of real property that began before the effective date of
3-13     this Act is governed by the law in effect at the time the review
3-14     began, and that law is continued in effect for that purpose.
3-15           SECTION 5.  The importance of this legislation and the
3-16     crowded condition of the calendars in both houses create an
3-17     emergency and an imperative public necessity that the
3-18     constitutional rule requiring bills to be read on three several
3-19     days in each house be suspended, and this rule is hereby suspended.