By Brown S.B. No. 872
76R7871 WP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the lease, transfer, sale, or exchange of Parks and
1-3 Wildlife Department lands.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 13.006, Parks and Wildlife Code, is
1-6 amended to read as follows:
1-7 Sec. 13.006. LEASE OF [PARK] LANDS. (a) The department may
1-8 lease [for park purposes] any land and improvements it holds to a
1-9 [any] city, county, special district, nonprofit organization, or
1-10 [other] political subdivision. The leased area may not be
1-11 referred to as a state facility [park], and no state funds may be
1-12 used to operate or maintain a property [park] leased under this
1-13 section.
1-14 (b) The conditions and duration of the lease agreement are
1-15 determined by the agreement of the department and the lessee
1-16 [governing body of the political subdivision].
1-17 SECTION 2. Sections 13.008(a) and (b), Parks and Wildlife
1-18 Code, are amended to read as follows:
1-19 (a) The department may solicit and receive donations of land
1-20 for public [state park] purposes and may refuse donations of land
1-21 not acceptable for public [park] purposes.
1-22 (b) If title to a site has vested in the department [state
1-23 for park purposes] and if ownership of the site is no longer in the
1-24 best interest of [deemed unsuitable for a state park by] the
2-1 department, the department may transfer the title:
2-2 (1) to another state department or institution
2-3 requesting the site;
2-4 (2) to the donor of the land if the donor requests the
2-5 return of the site;
2-6 (3) to the United States if it has undertaken the
2-7 development of the site for public [park] purposes; [or]
2-8 (4) [on a declaration that the site is unsuitable for
2-9 park purposes,] to the grantor if the deed to the department
2-10 contains a reversion clause providing that title reverts to the
2-11 grantor when the site is not used for the [park] purposes for which
2-12 it was acquired; or
2-13 (5) to any legally authorized entity if the property
2-14 is to be used for public purposes.
2-15 SECTION 3. Section 13.009, Parks and Wildlife Code, is
2-16 amended to read as follows:
2-17 Sec. 13.009. SALE OR EXCHANGE OF LAND. (a) The director
2-18 with the approval of the commission may execute a deed exchanging
2-19 real property or an interest in real property either as all or
2-20 partial consideration for other real property or interest in real
2-21 property [to be used by the department for the same purpose as the
2-22 property relinquished]. The director with the approval of the
2-23 commission may execute a deed selling real property or an interest
2-24 in real property under the jurisdiction of the department if
2-25 ownership of the real property is no longer in the best interest of
2-26 the department [suitable for the purpose for which it was
2-27 acquired].
3-1 (b) The department [state] shall receive a good and
3-2 marketable title to all land exchanged under this section. [The
3-3 title to land received in the exchange must be approved by the
3-4 attorney general.]
3-5 (c) All land to be received in the exchange must be
3-6 appraised and if the land to be received is of greater value, as
3-7 determined by an independent and competent appraisal, than the
3-8 state land exchanged, the department may use funds available for
3-9 land acquisitions as a partial consideration for the exchange.
3-10 (d) [All transactions for the exchange of land under this
3-11 section must have the prior written approval of the governor.]
3-12 [(e)] The receipts from the sale of land under this section
3-13 shall be used for improving or acquiring other real property
3-14 dedicated to the same purpose for which the land sold was
3-15 dedicated.
3-16 (e) [(f)] Notwithstanding any other law or charter provision
3-17 to the contrary, the department and a municipality may agree to
3-18 exchange park properties under the control or management of the
3-19 department or municipal government on the following conditions:
3-20 (1) the properties to be exchanged shall continue to
3-21 be dedicated park properties and used for park purposes;
3-22 (2) no election is required by the municipality to
3-23 authorize the exchange; and
3-24 (3) all of the provisions of Subsections (a) through
3-25 (d) [(e)] of this section are complied with by the department.
3-26 SECTION 4. This Act takes effect September 1, 1999.
3-27 SECTION 5. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.