1-1     By:  Naishtat (Senate Sponsor - Barrientos)           H.B. No. 2162
 1-2           (In the Senate - Received from the House May 11, 1999;
 1-3     May 12, 1999, read first time and referred to Committee on Natural
 1-4     Resources; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 4, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the process for preparing a development plan before
 1-9     certain state-owned real property is offered for sale or lease.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter E, Chapter 31, Natural Resources Code,
1-12     is amended by adding Section 31.1611 to read as follows:
1-13           Sec. 31.1611.  PUBLIC HEARING BEFORE PREPARATION OF
1-14     DEVELOPMENT PLAN.  (a)  If the division is requested to prepare a
1-15     development plan under Section 31.161, the division shall notify
1-16     the local government to which the plan will be submitted under
1-17     Section 31.162 of the division's intent to prepare a development
1-18     plan.  The division shall provide the local government with
1-19     information relating to:
1-20                 (1)  the location of the property to be offered for
1-21     sale or lease;
1-22                 (2)  the highest and best use to which the property may
1-23     legally be placed as provided in the division's report under
1-24     Section 31.157; and
1-25                 (3)  the process for preparing the development plan
1-26     under Section 31.161 and the process provided under Sections 31.165
1-27     and 31.166 for the special board of review.
1-28           (b)  Not later than the 30th day after the date the local
1-29     government receives the notice provided under Subsection (a), the
1-30     local government may request the division to hold a public hearing
1-31     to solicit public comment.  If requested by the local government,
1-32     the division shall hold a public hearing.  The local government
1-33     shall provide notice of the hearing to property owners in at least
1-34     the same manner that notice is provided for adopting zoning
1-35     regulations or subdivision requirements in the local government's
1-36     jurisdiction.  The division shall set the agenda for the hearing
1-37     and must complete the hearing not later than the 120th day after
1-38     the date the notice is provided under Subsection (a).
1-39           (c)  If the local government does not request a public
1-40     hearing under Subsection (b), the commissioner may hold a hearing
1-41     to solicit public comment.  The division shall provide notice of
1-42     the hearing in the same manner that a local government is required
1-43     to provide notice under Subsection (b).  The commissioner shall set
1-44     the agenda for the hearing and must complete the hearing not later
1-45     than the 120th day after the date the notice is provided under
1-46     Subsection (a).
1-47           (d)  A public hearing under this section may include:
1-48                 (1)  a presentation by the division relating to the
1-49     division's classification of the real property as underused or
1-50     unused and the division's recommendation of the highest and best
1-51     use to which the property may legally be placed;
1-52                 (2)  a presentation by the local government relating to
1-53     relevant local plans, development principles, and ordinances that
1-54     may affect the development of the property; and
1-55                 (3)  oral comments and presentations of information by
1-56     and written comments received from other persons relating to the
1-57     development of the property.
1-58           (e)  The division shall prepare a summary of the information
1-59     and testimony presented at a hearing conducted under this section
1-60     and may develop recommendations based on the information and
1-61     testimony.  The division shall prepare and deliver a report to the
1-62     commissioner summarizing the information and testimony presented at
1-63     the hearing and the views presented by the state, the affected
1-64     local governments, and other persons who participated in the
 2-1     hearing process.  The commissioner shall review the division's
 2-2     report and may instruct the division to incorporate information
 2-3     based on the report in preparing the development plan under Section
 2-4     31.161.
 2-5           (f)  The commissioner may adopt rules to implement this
 2-6     section.  The division shall administer the process provided by
 2-7     this section.
 2-8           SECTION 2.  Section 31.167(a), Natural Resources Code, is
 2-9     amended to read as follows:
2-10           (a)  Except as provided by this subsection, a [A] development
2-11     plan promulgated by the special board of review and any plan
2-12     accepted by a local government shall be final and binding on the
2-13     state, its lessees, successors in interest and assigns, and
2-14     affected local governments or political subdivisions unless revised
2-15     by the special board of review.  If the division does not receive a
2-16     bid or auction solicitation for the real property subject to the
2-17     development plan, the division, at the direction of the
2-18     commissioner, may revise the development plan to conserve and
2-19     enhance the value and marketability of the property.
2-20           SECTION 3.  The importance of this legislation and the
2-21     crowded condition of the calendars in both houses create an
2-22     emergency and an imperative public necessity that the
2-23     constitutional rule requiring bills to be read on three several
2-24     days in each house be suspended, and this rule is hereby suspended,
2-25     and that this Act take effect and be in force from and after its
2-26     passage, and it is so enacted.
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