By Gray H.B. No. 2618
76R8709 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a municipality to lease or sell
1-3 property used for the purpose of operating certain properties
1-4 located on certain state-owned lands.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 307.042, Local Government Code, is
1-7 amended by amending Subsection (c) and adding Subsection (e) to
1-8 read as follows:
1-9 (c) As additional security for the bonds, notes, or
1-10 warrants, the municipality may, by the terms of a mortgage, grant
1-11 to the purchaser under sale or foreclosure a franchise to operate
1-12 the properties purchased for a period of not more than 99 [75]
1-13 years after the purchase. If at the time of the sale or
1-14 foreclosure there is a pier, structure, or improvement located in
1-15 whole or in part on or over state-owned tideland, water, and bed of
1-16 the Gulf of Mexico, during that period of 99 [75] years the
1-17 purchaser and the purchaser's heirs, successors, and assigns have
1-18 the same right of use and occupancy to the state-owned tideland,
1-19 water, and bed as is granted to the municipality under this
1-20 chapter. On termination of that period or on cessation of use of
1-21 the property for that purpose, the right of use and occupancy
1-22 reverts to the municipality.
1-23 (e) The municipality may sell the property described by
1-24 Subsection (b) if no bonded indebtedness remains outstanding. If
2-1 the municipality sells the property, the General Land Office may
2-2 grant to the purchaser a franchise to operate the properties
2-3 purchased for a period of not more than 99 years after the
2-4 purchase. The purchaser and the purchaser's heirs, successors,
2-5 and assigns have the same right of use and occupancy to the
2-6 state-owned tideland, water, and bed as is granted to the
2-7 municipality under this chapter. On termination of that period or
2-8 on cessation of use of the property for that purpose, the right of
2-9 use and occupancy reverts to the municipality.
2-10 SECTION 2. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.