1-1 AN ACT
1-2 relating to the process for preparing a development plan before
1-3 certain state-owned real property is offered for sale or lease.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 31, Natural Resources Code,
1-6 is amended by adding Section 31.1611 to read as follows:
1-7 Sec. 31.1611. PUBLIC HEARING BEFORE PREPARATION OF
1-8 DEVELOPMENT PLAN. (a) If the division is requested to prepare a
1-9 development plan under Section 31.161, the division shall notify
1-10 the local government to which the plan will be submitted under
1-11 Section 31.162 of the division's intent to prepare a development
1-12 plan. The division shall provide the local government with
1-13 information relating to:
1-14 (1) the location of the property to be offered for
1-15 sale or lease;
1-16 (2) the highest and best use to which the property may
1-17 legally be placed as provided in the division's report under
1-18 Section 31.157; and
1-19 (3) the process for preparing the development plan
1-20 under Section 31.161 and the process provided under Sections 31.165
1-21 and 31.166 for the special board of review.
1-22 (b) Not later than the 30th day after the date the local
1-23 government receives the notice provided under Subsection (a), the
1-24 local government may request the division to hold a public hearing
2-1 to solicit public comment. If requested by the local government,
2-2 the division shall hold a public hearing. The local government
2-3 shall provide notice of the hearing to property owners in at least
2-4 the same manner that notice is provided for adopting zoning
2-5 regulations or subdivision requirements in the local government's
2-6 jurisdiction. The division shall set the agenda for the hearing
2-7 and must complete the hearing not later than the 120th day after
2-8 the date the notice is provided under Subsection (a).
2-9 (c) If the local government does not request a public
2-10 hearing under Subsection (b), the commissioner may hold a hearing
2-11 to solicit public comment. The division shall provide notice of
2-12 the hearing in the same manner that a local government is required
2-13 to provide notice under Subsection (b). The commissioner shall set
2-14 the agenda for the hearing and must complete the hearing not later
2-15 than the 120th day after the date the notice is provided under
2-16 Subsection (a).
2-17 (d) A public hearing under this section may include:
2-18 (1) a presentation by the division relating to the
2-19 division's classification of the real property as underused or
2-20 unused and the division's recommendation of the highest and best
2-21 use to which the property may legally be placed;
2-22 (2) a presentation by the local government relating to
2-23 relevant local plans, development principles, and ordinances that
2-24 may affect the development of the property; and
2-25 (3) oral comments and presentations of information by
2-26 and written comments received from other persons relating to the
2-27 development of the property.
3-1 (e) The division shall prepare a summary of the information
3-2 and testimony presented at a hearing conducted under this section
3-3 and may develop recommendations based on the information and
3-4 testimony. The division shall prepare and deliver a report to the
3-5 commissioner summarizing the information and testimony presented at
3-6 the hearing and the views presented by the state, the affected
3-7 local governments, and other persons who participated in the
3-8 hearing process. The commissioner shall review the division's
3-9 report and may instruct the division to incorporate information
3-10 based on the report in preparing the development plan under Section
3-11 31.161.
3-12 (f) The commissioner may adopt rules to implement this
3-13 section. The division shall administer the process provided by
3-14 this section.
3-15 SECTION 2. Section 31.167(a), Natural Resources Code, is
3-16 amended to read as follows:
3-17 (a) Except as provided by this subsection, a [A] development
3-18 plan promulgated by the special board of review and any plan
3-19 accepted by a local government shall be final and binding on the
3-20 state, its lessees, successors in interest and assigns, and
3-21 affected local governments or political subdivisions unless revised
3-22 by the special board of review. If the division does not receive a
3-23 bid or auction solicitation for the real property subject to the
3-24 development plan, the division, at the direction of the
3-25 commissioner, may revise the development plan to conserve and
3-26 enhance the value and marketability of the property.
3-27 SECTION 3. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended,
4-5 and that this Act take effect and be in force from and after its
4-6 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2162 was passed by the House on May
11, 1999, by the following vote: Yeas 148, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2162 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor