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.
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