By Hilderbran H.B. No. 231 77R410 CAS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to authorizing the board of trustees of an independent 1-3 school district to donate certain surplus district property to a 1-4 municipality, county, or nonprofit organization in order to 1-5 preserve the property. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Subchapter D, Chapter 11, Education Code, is 1-8 amended by adding Section 11.1541 to read as follows: 1-9 Sec. 11.1541. DONATION OF SURPLUS PROPERTY. (a) The board 1-10 of trustees of an independent school district may, by resolution, 1-11 authorize the donation of real property and improvements formerly 1-12 used as a school campus to a municipality, county, or nonprofit 1-13 organization if: 1-14 (1) the board determines that: 1-15 (A) the improvements have historical 1-16 significance; 1-17 (B) the transfer will further the preservation 1-18 of the improvements; and 1-19 (C) at the time of the transfer, the district 1-20 does not need the real property or improvements for educational 1-21 purposes; 1-22 (2) the real property and improvements: 1-23 (A) were donated to the district; and 1-24 (B) at the time of the transfer, are used as a 2-1 community center; and 2-2 (3) the entity to whom the transfer is made has shown, 2-3 to the satisfaction of the board, that the entity intends to 2-4 continue to use the real property and improvements as a community 2-5 center. 2-6 (b) The president of the board of trustees shall execute a 2-7 deed transferring ownership of the real property and improvements 2-8 to the municipality, county, or nonprofit organization. The deed 2-9 must recite the resolution of the board authorizing the donation. 2-10 (c) In this section, "nonprofit organization" means an 2-11 organization exempt from federal income taxation under Section 2-12 501(a), Internal Revenue Code of 1986, as an organization described 2-13 by Section 501(c)(3) of that code. 2-14 SECTION 2. This Act takes effect January 1, 2002, but only if 2-15 the constitutional amendment proposed by the 77th Legislature, 2-16 Regular Session, 2001, authorizing donation of surplus school 2-17 district property of historical significance is approved by the 2-18 voters. If that amendment is not approved by the voters, this Act 2-19 has no effect.