1-1     By:  Geren, Brimer (Senate Sponsor - Moncrief)        H.B. No. 1490
 1-2           (In the Senate - Received from the House April 2, 2001;
 1-3     April 3, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 2, 2001, reported favorably by the
 1-5     following vote:  Yeas 5, Nays 0; May 2, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the right of certain lessees of land owned by a
 1-9     municipality to purchase the land.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Section 272.001(h), Local Government Code, is
1-12     amended to read as follows:
1-13           (h)  A municipality having a population of 575,000 [250,000]
1-14     or less and owning land within 5,000 feet of where the shoreline of
1-15     a lake would be if the lake were filled to its storage capacity
1-16     may, without notice or the solicitation of bids, sell the land to
1-17     the person leasing the land for the fair market value of the land
1-18     as determined by a certified appraiser.  While land described by
1-19     this subsection is under lease, the municipality owning the land
1-20     may not sell the land to any person other than the person leasing
1-21     the land.  To protect the public health, safety, or welfare and to
1-22     ensure an adequate municipal water supply, property sold by the
1-23     municipality under this subsection is not eligible for and the
1-24     owner is not entitled to the exemption provided by Section
1-25     11.142(a), Water Code.  The instrument conveying property under
1-26     this subsection must include a provision stating that the exemption
1-27     does not apply to the conveyance.  In this subsection, "lake" means
1-28     an inland body of standing water, including a reservoir formed by
1-29     impounding the water of a river or creek but not including an
1-30     impoundment of salt water or brackish water, that has a storage
1-31     capacity of more than 10,000 acre-feet.
1-32           SECTION 2.  This Act takes effect immediately if it receives
1-33     a vote of two-thirds of all the members elected to each house, as
1-34     provided by Section 39, Article III, Texas Constitution.  If this
1-35     Act does not receive the vote necessary for immediate effect, this
1-36     Act takes effect September 1, 2001.
1-37                                  * * * * *