HBA-JLV S.B. 1302 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1302
By: Cain
Land & Resource Management
5/11/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law requires a city to hold an election for approval before
selling, transferring, or conveying park land. However, some park lands are
not used for a park or for recreational purposes and the expense of holding
an election to approve selling or trading the land can be cumbersome.
Senate Bill 1302 provides that current law requiring such an election does
not apply to certain park lands.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 1302 amends the Local Government Code to provide that the
prohibition against the sale of municipal land owned, held, or claimed as a
public square or park without approval at an election does not apply to a
conveyance of park land that is: 

 _owned by a home-rule municipality with a population of more than 625,000;

 _less than three acres and part of a larger park that is located in a
flood plain or floodway; 

 _not actively used for recreational purposes;

 _sold or conveyed as an interest in land to the owner of an interest in
the adjoining property; and 

 _conveyed pursuant to a resolution or an ordinance that has an effective
date before December 31, 2004. 

EFFECTIVE DATE

September 1, 2001.