AN ACT 1-1 relating to the leasing of real property owned or controlled by 1-2 certain counties. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subsection (e), Section 263.007, Local Government 1-5 Code, is amended to read as follows: 1-6 (e)(1) The commissioners court of a county may lease real 1-7 property owned or controlled by the county that was formerly owned 1-8 or controlled by the Texas Department of Mental Health and Mental 1-9 Retardation to a federal, state, or local government entity for any 1-10 purpose or to a nonprofit organization that is exempt from federal 1-11 taxation under Section 501(c)(3), Internal Revenue Code of 1986 (26 1-12 U.S.C. Section 501(c)(3)), to conduct health and human service 1-13 activities or such other activities which the commissioners court 1-14 finds to be in the public interest, without using the sealed-bid or 1-15 sealed-proposal process described in Subsection (a) and without 1-16 using any other competitive bidding process which would otherwise 1-17 be required by law. 1-18 (2) The commissioners court of a county with a 1-19 population of one million or more that contains two or more 1-20 municipalities with a population of 250,000 or more may lease real 1-21 property owned or controlled by the county to a for-profit entity 1-22 to conduct health and human service activities which the 1-23 commissioners court finds to be in the public interest, without 1-24 using the sealed-bid or sealed-proposal process described in 2-1 Subsection (a) and without using any other competitive bidding 2-2 process which would otherwise be required by law. 2-3 (3) If the commissioners court of a county chooses to 2-4 lease under this subsection, the commissioners court shall declare 2-5 its intent to do so through written notice posted in the same place 2-6 and manner as the commissioners court posts its regular meeting 2-7 agenda not later than 30 days prior to the beginning of the lease 2-8 period. In setting the terms and conditions of the lease, 2-9 including but not limited to the amount of the lease payment, the 2-10 commissioners court may consider local business custom regarding 2-11 leases and the reasonable market value of the leasehold, but the 2-12 commissioners court is not bound thereby and may also consider the 2-13 extent to which the provision of services or the other activities 2-14 to be performed by the lessee will benefit the public. This 2-15 subsection does not limit the ability of a commissioners court to 2-16 enter into interlocal agreements, contracts, or any other 2-17 arrangement permitted by law. 2-18 SECTION 2. This Act takes effect September 1, 1999. 2-19 SECTION 3. The importance of this legislation and the 2-20 crowded condition of the calendars in both houses create an 2-21 emergency and an imperative public necessity that the 2-22 constitutional rule requiring bills to be read on three several 2-23 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 141 passed the Senate on March 2, 1999, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 141 passed the House on April 16, 1999, by the following vote: Yeas 136, Nays 0, two present not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor