By Ellis S.B. No. 803
76R3453 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale or lease of underused lands by the state.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 31.153(a) and (b), Natural Resources
1-5 Code, are amended to read as follows:
1-6 (a) All real property owned by the state shall be accounted
1-7 for by the state agency that possesses the property. The state
1-8 agency shall, not later than the last day of each fiscal year,
1-9 provide the division with a report that includes the total acreage
1-10 owned or managed by the agency.
1-11 (b) Each state agency shall maintain a record of each item
1-12 of real property it possesses. The record must include the
1-13 following information and[, on the request of the division,] shall
1-14 be furnished to the division not later than the last day of each
1-15 fiscal year:
1-16 (1) a description of each item of property by
1-17 reference to a volume number, and page or image number or numbers
1-18 of the official public records of real property in a particular
1-19 county, or if not applicable, by a legal description;
1-20 (2) the date of purchase of the property, if
1-21 applicable;
1-22 (3) the purchase price of the property, if applicable;
1-23 (4) the name of the state agency holding title to the
1-24 property for the state;
2-1 (5) a description of the current uses of the property
2-2 and of the projected future uses of the property during the next 15
2-3 years; [and]
2-4 (6) a description of each building or other
2-5 improvement located on the property;
2-6 (7) the fair market value of the property, including
2-7 any building or improvement located on the property; and
2-8 (8) a description of the procedures the state must
2-9 follow to sell or lease the property.
2-10 SECTION 2. Sections 31.157(b) and (c), Natural Resources
2-11 Code, are amended to read as follows:
2-12 (b) The draft report shall be submitted to the State
2-13 Purchasing and General Services Commission which shall further
2-14 evaluate the potential use of the property by another state agency
2-15 or department. The draft report shall also be submitted, at the
2-16 same time as it is furnished to the commission, to each agency that
2-17 owns or holds in trust property that is the subject of the draft
2-18 report. Each agency may comment on the findings or
2-19 recommendations, including the agency's specific reasons for
2-20 supporting or opposing the recommendations and detailing any
2-21 efforts the agency has made in attempting to put the property to
2-22 use or sell or lease the property. The commission may comment on
2-23 any findings or recommendations made by the commissioner and may
2-24 make additional recommendations regarding the use of the property.
2-25 The commission shall complete the review of the draft report within
2-26 60 days of the receipt of the report and forward the comments to
2-27 the commissioner.
3-1 (c) The commissioner shall prepare and issue a final report
3-2 incorporating the recommendations of the commission regarding use
3-3 of the property by another state agency and addressing all comments
3-4 received from the commission and any state agency. The report must
3-5 include the most recent fair market value estimates for any
3-6 potential sale or lease of the property.
3-7 SECTION 3. This Act takes effect September 1, 1999, and
3-8 applies only to a report issued under Section 31.157, Natural
3-9 Resources Code, on or after the effective date of this Act. A
3-10 report issued under Section 31.157, Natural Resources Code, before
3-11 the effective date of this Act is governed by the law in effect at
3-12 the time the report was issued, and that law is continued in effect
3-13 for that purpose.
3-14 SECTION 4. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.