1-1 By: Jackson S.B. No. 1667
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 9, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 0; April 9, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1667 By: Barrientos
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the authority of a municipality to lease or sell
1-11 property used for the purpose of operating certain properties
1-12 located on certain state-owned lands.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 307.042, Local Government Code, is
1-15 amended by amending Subsection (c) and adding Subsection (e) to
1-16 read as follows:
1-17 (c) As additional security for the bonds, notes, or
1-18 warrants, the municipality may, by the terms of a mortgage, grant
1-19 to the purchaser under sale or foreclosure a franchise to operate
1-20 the properties purchased for a period of not more than 99 [75]
1-21 years after the purchase. If at the time of the sale or
1-22 foreclosure there is a pier, structure, or improvement located in
1-23 whole or in part on or over state-owned tideland, water, and bed of
1-24 the Gulf of Mexico, during that period of 99 [75] years the
1-25 purchaser and the purchaser's heirs, successors, and assigns have
1-26 the same right of use and occupancy to the state-owned tideland,
1-27 water, and bed as is granted to the municipality under this
1-28 chapter. On termination of that period or on cessation of use of
1-29 the property for that purpose, the right of use and occupancy
1-30 reverts to the municipality.
1-31 (e) The municipality may sell the property described by
1-32 Subsection (b) if no bonded indebtedness remains outstanding. If
1-33 the municipality sells the property, the General Land Office may
1-34 grant to the purchaser a lease of the state-owned tideland, water,
1-35 and bed beneath the property or, if necessary, a larger area for a
1-36 period of not more than 99 years after the purchase. The purchaser
1-37 and the purchaser's heirs, successors, and assigns have the same
1-38 right of use and occupancy to the state-owned tideland, water, and
1-39 bed as is granted to the municipality under this chapter. On
1-40 termination of that period or on cessation of use of the property
1-41 for that purpose, the right of use and occupancy reverts to the
1-42 municipality.
1-43 SECTION 2. The importance of this legislation and the
1-44 crowded condition of the calendars in both houses create an
1-45 emergency and an imperative public necessity that the
1-46 constitutional rule requiring bills to be read on three several
1-47 days in each house be suspended, and this rule is hereby suspended,
1-48 and that this Act take effect and be in force from and after its
1-49 passage, and it is so enacted.
1-50 * * * * *