76R14359 E By Shields H.B. No. 3700 Substitute the following for H.B. No. 3700: By Walker C.S.H.B. No. 3700 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to notice of intent to use real property for a public 1-3 purpose. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle E, Title 10, Government Code, is amended 1-6 by adding Chapter 2206 to read as follows: 1-7 CHAPTER 2206. NOTICE OF PUBLIC USE OF PROPERTY 1-8 Sec. 2206.001. APPLICATION. (a) This chapter applies to 1-9 the United States, this state, a political subdivision of this 1-10 state, or a nonprofit corporation or a subsidiary organization of a 1-11 nonprofit corporation that intends to, in a municipality with a 1-12 population of one million or more: 1-13 (1) buy or lease, as lessee, real property; or 1-14 (2) operate, on or from a piece of real property, a 1-15 program that receives government assistance. 1-16 (b) This chapter does not apply to real property that is 1-17 used or will be used to provide services to persons at least 75 1-18 percent of whom are elderly. 1-19 Sec. 2206.002. NOTICE REQUIREMENT. Not later than the 30th 1-20 day before the date an entity subject to this chapter executes a 1-21 contract to purchase or lease real property in this state or the 1-22 date the entity begins to operate, on or from a piece of real 1-23 property in this state, a program that receives government 1-24 assistance, the entity shall provide notice in the form required by 2-1 this chapter by first-class mail to any resident or owner of real 2-2 property any part of which is located within one-fourth mile of a 2-3 boundary of the property that the entity intends to purchase, 2-4 lease, or use. 2-5 Sec. 2206.003. FORM OF NOTICE. The notice must be in the 2-6 following form: 2-7 NOTICE OF GOVERNMENT OR NONPROFIT CORPORATION INTENT TO 2-8 PURCHASE, LEASE, OR USE REAL PROPERTY. _______________ INTENDS TO 2-9 PURCHASE, LEASE, OR OTHERWISE USE PROPERTY LOCATED IN _________ 2-10 COUNTY, WITH A STREET ADDRESS OF ________________________, FOR THE 2-11 PURPOSE OF _____________________________________________. THE 2-12 PURCHASE, LEASE, OR USE OF THE PROPERTY FOR THE STATED PURPOSE WILL 2-13 BEGIN ON OR AFTER ____/____/____. 2-14 SECTION 2. This Act takes effect September 1, 1999, and 2-15 applies only to an entity subject to Section 2206.001, Government 2-16 Code, as added by this Act, that executes a contract to purchase or 2-17 lease real property in this state or that begins to operate, on or 2-18 from a piece of real property in this state, a program that 2-19 receives government assistance, on or after the effective date of 2-20 this Act. 2-21 SECTION 3. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended.