By: Jackson S.B. No. 1667
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authority of a municipality to lease or sell
1-2 property used for the purpose of operating certain properties
1-3 located on certain state-owned lands.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 307.042, Local Government Code, is
1-6 amended by amending Subsection (c) and adding Subsection (e) to
1-7 read as follows:
1-8 (c) As additional security for the bonds, notes, or
1-9 warrants, the municipality may, by the terms of a mortgage, grant
1-10 to the purchaser under sale or foreclosure a franchise to operate
1-11 the properties purchased for a period of not more than 99 [75]
1-12 years after the purchase. If at the time of the sale or
1-13 foreclosure there is a pier, structure, or improvement located in
1-14 whole or in part on or over state-owned tideland, water, and bed of
1-15 the Gulf of Mexico, during that period of 99 [75] years the
1-16 purchaser and the purchaser's heirs, successors, and assigns have
1-17 the same right of use and occupancy to the state-owned tideland,
1-18 water, and bed as is granted to the municipality under this
1-19 chapter. On termination of that period or on cessation of use of
1-20 the property for that purpose, the right of use and occupancy
1-21 reverts to the municipality.
1-22 (e) The municipality may sell the property described by
1-23 Subsection (b) if no bonded indebtedness remains outstanding. If
1-24 the municipality sells the property, the General Land Office may
2-1 grant to the purchaser a lease of the state-owned tideland, water,
2-2 and bed beneath the property or, if necessary, a larger area for a
2-3 period of not more than 99 years after the purchase. The purchaser
2-4 and the purchaser's heirs, successors, and assigns have the same
2-5 right of use and occupancy to the state-owned tideland, water, and
2-6 bed as is granted to the municipality under this chapter. On
2-7 termination of that period or on cessation of use of the property
2-8 for that purpose, the right of use and occupancy reverts to the
2-9 municipality.
2-10 SECTION 2. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.