1-1     By:  Marchant (Senate Sponsor - Lindsay)              H.B. No. 2138
 1-2           (In the Senate - Received from the House May 11, 2001;
 1-3     May 11, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 6, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the confidentiality of the location or sale price of
 1-9     certain real property sold or purchased by the state.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Subchapter D, Chapter 11, Natural Resources Code,
1-12     is amended by adding Section 11.084 to read as follows:
1-13           Sec. 11.084.  CONFIDENTIALITY OF CERTAIN INFORMATION RELATED
1-14     TO PURCHASE OR SALE OF REAL PROPERTY. (a)  Information relating to
1-15     the location, or purchase price, or sale price of real property
1-16     purchased or sold by or for the School Land Board, Veterans' Land
1-17     Board, land office, or commissioner under authority granted by this
1-18     code is confidential and exempt from disclosure under Chapter 552,
1-19     Government Code, until a formal award of a contract for the
1-20     purchase or sale of the property is executed.  Information that is
1-21     confidential and exempted from disclosure under this subsection
1-22     includes an appraisal, completed report, evaluation, investigation
1-23     conducted for the purpose of locating or determining the purchase
1-24     or sale price of the property, or any report prepared in
1-25     anticipation of purchasing or selling real property.
1-26           (b)  Information that is confidential and excluded from
1-27     disclosure under Subsection (a) is not subject to a subpoena
1-28     directed to the School Land Board, Veterans' Land Board, land
1-29     office, commissioner, attorney general, or governor.
1-30           SECTION 2.  Subchapter Z, Chapter 51, Education Code, is
1-31     amended by adding Section 51.961 to read as follows:
1-32           Sec. 51.961.  CONFIDENTIALITY OF CERTAIN INFORMATION RELATED
1-33     TO PURCHASE OR SALE OF REAL PROPERTY.  (a)  Information related to
1-34     the location, purchase price, or sale price of real property
1-35     purchased or sold by or for an institution of higher education, as
1-36     defined by Section 61.003, is confidential and exempt from
1-37     disclosure under Chapter 552, Government Code, until a formal award
1-38     of a contract for the purchase or sale of the property is executed.
1-39     Information that is confidential and exempted from disclosure under
1-40     this subsection includes an appraisal, completed report,
1-41     evaluation, investigation conducted for the purpose of locating or
1-42     determining the purchase or sale price of the property, or any
1-43     report prepared in anticipation of purchasing or selling real
1-44     property.
1-45           (b)  Information that is confidential and excluded from
1-46     disclosure under Subsection (a) is not subject to a subpoena
1-47     directed to an institution of higher education, its governing
1-48     board, or any officer, agent, or employee of an institution of
1-49     higher education.
1-50           SECTION 3.  This Act takes effect immediately if it receives
1-51     a vote of two-thirds of all the members elected to each house, as
1-52     provided by Section 39, Article III, Texas Constitution.  If this
1-53     Act does not receive the vote necessary for immediate effect, this
1-54     Act takes effect September 1, 2001.
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