By:  Moncrief                                          S.B. No. 141
                                A BILL TO BE ENTITLED
                                       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.