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.
2-27 * * * * *