By Naishtat H.B. No. 2162
76R1370 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public participation in the development of certain
1-3 state-owned real property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.151, Natural Resources Code, is
1-6 amended by adding Subdivision (6) to read as follows:
1-7 (6) "Stakeholder" means:
1-8 (A) a property owners' association in a zip code
1-9 located, in whole or in part, within a two-mile radius of the real
1-10 property identified in a report issued under Section 31.157;
1-11 (B) a property owner, business owner, or
1-12 resident in a zip code located, in whole or in part, within a
1-13 two-mile radius of the real property identified in a report issued
1-14 under Section 31.157; and
1-15 (C) any local government having jurisdiction
1-16 over the real property identified in a report issued under Section
1-17 31.157.
1-18 SECTION 2. Subchapter E, Chapter 31, Natural Resources Code,
1-19 is amended by adding Section 31.1572 to read as follows:
1-20 Sec. 31.1572. INITIAL STAKEHOLDER NOTIFICATION. (a) After
1-21 the division has reported a property unused or underused and the
1-22 commissioner has issued a report to the governor under Section
1-23 31.157, the division shall prepare and issue an initial stakeholder
1-24 notice to each stakeholder.
2-1 (b) The notice must include:
2-2 (1) a description of the real property identified as
2-3 unused or underused that is the subject of a proposed real estate
2-4 transaction;
2-5 (2) a statement that the designation of real property
2-6 as unused or substantially underused does not necessarily mean that
2-7 the real property will be developed;
2-8 (3) a complete description of the process involved in
2-9 a real estate transaction involving real property owned by the
2-10 state, including a description of the various approvals of state
2-11 and local governmental entities that must be obtained and the
2-12 powers of a special board of review under this subchapter;
2-13 (4) a statement that any community vision statement
2-14 developed during the stakeholder participation process will be
2-15 complied with to the extent that compliance is not detrimental to
2-16 the best interests of the state as determined by the special board
2-17 of review under Section 31.166; and
2-18 (5) the name and telephone number of an appropriate
2-19 state employee who can provide additional information.
2-20 SECTION 3. Subchapter E, Chapter 31, Natural Resources Code,
2-21 is amended by adding Sections 31.1591, 31.1592, and 31.1593 to read
2-22 as follows:
2-23 Sec. 31.1591. SECOND STAKEHOLDER NOTIFICATION. (a) If a
2-24 state agency is preparing to conduct a real estate transaction or
2-25 if the state agency requests the division to develop a bid packet
2-26 for a real estate transaction involving the state agency's real
2-27 property, the division shall prepare and issue a second stakeholder
3-1 notice to each stakeholder.
3-2 (b) The notice must include:
3-3 (1) the exact location of the real property that is
3-4 the subject of the proposed real estate transaction;
3-5 (2) a description of the proposed use of the real
3-6 property;
3-7 (3) the date, time, and location of any public
3-8 hearings scheduled under Section 31.1592;
3-9 (4) a statement that any community vision statement
3-10 developed during the stakeholder participation process will be
3-11 complied with to the extent that compliance is not detrimental to
3-12 the best interests of the state as determined by the special board
3-13 of review under Section 31.166; and
3-14 (5) notice of the land development procedures under
3-15 Section 31.161, including a description of the powers of a special
3-16 board of review.
3-17 Sec. 31.1592. STAKEHOLDER PARTICIPATION PROCESS: PUBLIC
3-18 HEARING. (a) Before the governor approves a real estate
3-19 transaction, the division shall conduct at least two public
3-20 hearings to allow stakeholders to express their views on the
3-21 proposed real estate transaction. Each hearing shall be held at a
3-22 location within the stakeholders' geographic area.
3-23 (b) If the date, time, or location of the public hearing is
3-24 changed after the date the stakeholder notification is issued under
3-25 Section 31.1591, the division shall provide each stakeholder with
3-26 written notice of the date, time, and location of the hearing.
3-27 (c) The division shall conduct any public hearing held as
4-1 provided by this section or contract with a private entity to
4-2 conduct the hearing.
4-3 (d) A public hearing must include:
4-4 (1) a clear explanation of the real property at issue
4-5 and the proposed real estate transaction;
4-6 (2) a presentation of any local development plans that
4-7 apply to the real property, including any relevant local ordinances
4-8 or regulations;
4-9 (3) a process for developing a community vision
4-10 statement during the public hearing, including a method to
4-11 recommend parameters for the proposed real estate transaction to be
4-12 included in the community vision statement; and
4-13 (4) a description of the effect of the community
4-14 vision statement.
4-15 (e) Subject to Subsection (f), the division shall continue
4-16 to conduct public hearings until a community vision statement is
4-17 developed and agreed on by a majority of the stakeholders attending
4-18 the hearings.
4-19 (f) The division may not conduct more than five public
4-20 hearings on a particular real estate transaction.
4-21 Sec. 31.1593. COMPLIANCE WITH COMMUNITY VISION STATEMENT.
4-22 (a) If a real estate transaction is proceeding without a
4-23 development plan as described by Section 31.161 and a community
4-24 vision statement is developed under Section 31.1592, the community
4-25 vision statement shall be complied with to the extent that
4-26 compliance is not detrimental to the best interests of the state as
4-27 determined by the special board of review under Section 31.166.
5-1 (b) If the community vision statement relating to a proposed
5-2 real estate transaction is determined not to be detrimental to the
5-3 best interests of the state, the division shall:
5-4 (1) provide a copy of the statement to any party
5-5 involved in the proposed real estate transaction; and
5-6 (2) provide a copy of the statement to any local
5-7 government having jurisdiction over the real property that is the
5-8 subject of the proposed real estate transaction.
5-9 (c) If a part of the community vision statement relating to
5-10 a proposed real estate transaction is determined to be detrimental
5-11 to the best interests of the state, the division shall:
5-12 (1) provide a copy of any part of the statement that
5-13 is not detrimental to the best interests of the state to any party
5-14 involved in the proposed real estate transaction; and
5-15 (2) provide a copy of the entire statement to any
5-16 local government having jurisdiction over the real property that is
5-17 the subject of the proposed real estate transaction, including a
5-18 statement detailing the reasons for the determination that certain
5-19 parts of the statement are detrimental to the best interests of the
5-20 state.
5-21 SECTION 4. Section 31.161, Natural Resources Code, is
5-22 amended by adding Subsection (e) to read as follows:
5-23 (e) If a community vision statement is developed under
5-24 Section 31.1592, the statement shall be incorporated into the plan
5-25 as provided by Section 31.1611.
5-26 SECTION 5. Subchapter E, Natural Resources Code, is amended
5-27 by adding Section 31.1611 to read as follows:
6-1 Sec. 31.1611. COMPLIANCE WITH COMMUNITY VISION STATEMENT.
6-2 (a) A community vision statement developed during the stakeholder
6-3 participation process shall be complied with to the extent that
6-4 compliance is not detrimental to the best interests of the state as
6-5 determined by the special board of review under Section 31.166.
6-6 (b) If the special board of review determines that a
6-7 community vision statement relating to a proposed real estate
6-8 transaction is not detrimental to the best interests of the state,
6-9 the division shall:
6-10 (1) incorporate the statement into the development
6-11 plan and attach the statement as a supplement to the development
6-12 plan;
6-13 (2) provide a copy of the statement to any party
6-14 involved in the proposed real estate transaction; and
6-15 (3) provide a copy of the statement to any local
6-16 government having jurisdiction over the real property that is the
6-17 subject of the proposed real estate transaction.
6-18 (c) If the special board of review determines that any part
6-19 of a community vision statement relating to a proposed real estate
6-20 transaction is detrimental to the best interests of the state, the
6-21 division shall:
6-22 (1) incorporate any part of the statement that is
6-23 determined not to be detrimental to the best interests of the state
6-24 into the development plan and include as an attachment to the plan
6-25 a copy of the entire statement, including a statement detailing the
6-26 reasons for the determination that certain parts of the statement
6-27 are detrimental to the best interests of the state;
7-1 (2) provide a copy of any part of the statement that
7-2 is determined not to be detrimental to the best interests of the
7-3 state to any party involved in the proposed real estate
7-4 transaction; and
7-5 (3) provide a copy of the entire statement to any
7-6 local government having jurisdiction over the real property that is
7-7 the subject of the proposed real estate transaction, including a
7-8 statement detailing the reasons for the determination that certain
7-9 parts of the statement are detrimental to the best interests of the
7-10 state.
7-11 SECTION 6. This Act takes effect September 1, 1999.
7-12 SECTION 7. This Act applies only to a proposed real estate
7-13 transaction that is the subject of a report issued under Section
7-14 31.157, Natural Resources Code, on or after the effective date of
7-15 this Act. A real estate transaction that is the subject of a
7-16 report issued under Section 31.157, Natural Resources Code, before
7-17 the effective date of this Act is governed by the law in effect at
7-18 the time the report was issued, and that law is continued in effect
7-19 for that purpose.
7-20 SECTION 8. The importance of this legislation and the
7-21 crowded condition of the calendars in both houses create an
7-22 emergency and an imperative public necessity that the
7-23 constitutional rule requiring bills to be read on three several
7-24 days in each house be suspended, and this rule is hereby suspended.