1-1 By: Zaffirini S.B. No. 1290
1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Education; April 12, 1999,
1-4 reported favorably by the following vote: Yeas 5, Nays 0;
1-5 April 12, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the requirements for the conveyance of an interest in
1-9 real property from a political subdivision to an institution of
1-10 higher education.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 272.001, Local Government Code, is
1-13 amended by amending Subsection (a) and adding Subsection (j) to
1-14 read as follows:
1-15 (a) Except for the types of land and interests covered by
1-16 Subsection (b), (g), (h), [or] (i), or (j), and except as provided
1-17 by Section 253.008, before land owned by a political subdivision of
1-18 the state may be sold or exchanged for other land, notice to the
1-19 general public of the offer of the land for sale or exchange must
1-20 be published in a newspaper of general circulation in either the
1-21 county in which the land is located or, if there is no such
1-22 newspaper, in an adjoining county. The notice must include a
1-23 description of the land, including its location, and the procedure
1-24 by which sealed bids to purchase the land or offers to exchange the
1-25 land may be submitted. The notice must be published on two
1-26 separate dates and the sale or exchange may not be made until after
1-27 the 14th day after the date of the second publication.
1-28 (j) A political subdivision may donate, exchange, convey,
1-29 sell, or lease land or an interest in real property to an
1-30 institution of higher education, as that term is defined by Section
1-31 61.003, Education Code, to promote a public purpose related to
1-32 higher education. The political subdivision shall determine the
1-33 terms and conditions of the transaction so as to effectuate and
1-34 maintain the public purpose. A political subdivision may donate,
1-35 exchange, convey, sell, or lease the land or interest for less than
1-36 its fair market value and without complying with the notice and
1-37 bidding requirements of Subsection (a).
1-38 SECTION 2. The importance of this legislation and the
1-39 crowded condition of the calendars in both houses create an
1-40 emergency and an imperative public necessity that the
1-41 constitutional rule requiring bills to be read on three several
1-42 days in each house be suspended, and this rule is hereby suspended,
1-43 and that this Act take effect and be in force from and after its
1-44 passage, and it is so enacted.
1-45 * * * * *