1-1 By: Moncrief S.B. No. 141 1-2 (In the Senate - Filed January 11, 1999; January 28, 1999, 1-3 read first time and referred to Committee on Intergovernmental 1-4 Relations; February 15, 1999, reported favorably by the following 1-5 vote: Yeas 4, Nays 0; February 15, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the leasing of real property owned or controlled by 1-9 certain counties. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subsection (e), Section 263.007, Local Government 1-12 Code, is amended to read as follows: 1-13 (e)(1) The commissioners court of a county may lease real 1-14 property owned or controlled by the county that was formerly owned 1-15 or controlled by the Texas Department of Mental Health and Mental 1-16 Retardation to a federal, state, or local government entity for any 1-17 purpose or to a nonprofit organization that is exempt from federal 1-18 taxation under Section 501(c)(3), Internal Revenue Code of 1986 (26 1-19 U.S.C. Section 501(c)(3)), to conduct health and human service 1-20 activities or such other activities which the commissioners court 1-21 finds to be in the public interest, without using the sealed-bid or 1-22 sealed-proposal process described in Subsection (a) and without 1-23 using any other competitive bidding process which would otherwise 1-24 be required by law. 1-25 (2) The commissioners court of a county with a 1-26 population of one million or more that contains two or more 1-27 municipalities with a population of 250,000 or more may lease real 1-28 property owned or controlled by the county to a for-profit entity 1-29 to conduct health and human service activities which the 1-30 commissioners court finds to be in the public interest, without 1-31 using the sealed-bid or sealed-proposal process described in 1-32 Subsection (a) and without using any other competitive bidding 1-33 process which would otherwise be required by law. 1-34 (3) If the commissioners court of a county chooses to 1-35 lease under this subsection, the commissioners court shall declare 1-36 its intent to do so through written notice posted in the same place 1-37 and manner as the commissioners court posts its regular meeting 1-38 agenda not later than 30 days prior to the beginning of the lease 1-39 period. In setting the terms and conditions of the lease, 1-40 including but not limited to the amount of the lease payment, the 1-41 commissioners court may consider local business custom regarding 1-42 leases and the reasonable market value of the leasehold, but the 1-43 commissioners court is not bound thereby and may also consider the 1-44 extent to which the provision of services or the other activities 1-45 to be performed by the lessee will benefit the public. This 1-46 subsection does not limit the ability of a commissioners court to 1-47 enter into interlocal agreements, contracts, or any other 1-48 arrangement permitted by law. 1-49 SECTION 2. This Act takes effect September 1, 1999. 1-50 SECTION 3. The importance of this legislation and the 1-51 crowded condition of the calendars in both houses create an 1-52 emergency and an imperative public necessity that the 1-53 constitutional rule requiring bills to be read on three several 1-54 days in each house be suspended, and this rule is hereby suspended. 1-55 * * * * *