1-1 By: Flores (Senate Sponsor - Shapleigh) H.B. No. 3623
1-2 (In the Senate - Received from the House May 10, 2001;
1-3 May 10, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 11, 2001, reported favorably by
1-5 the following vote: Yeas 5, Nays 0; May 11, 2001, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the transfer of certain underused real property owned
1-10 or controlled by the state to political subdivisions for use as
1-11 affordable and accessible housing.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 31.156, Natural Resources Code, is amended
1-14 to read as follows:
1-15 Sec. 31.156. PROPERTY REVIEW. (a) The division shall review
1-16 the real property inventory of each state agency not less than
1-17 every four years, and a review shall be made during the calendar
1-18 year before the agency is scheduled for abolition under the Texas
1-19 Sunset Act (Chapter 325, Government Code). The division may verify
1-20 the accuracy of inventory records provided by an agency.
1-21 (b) The division shall identify [the] real property owned or
1-22 controlled by the state that is not being used or is being
1-23 substantially underused.
1-24 (c) The division shall provide a list and an appraisal of
1-25 properties described by Subsection (b) to the Texas Department of
1-26 Housing and Community Affairs. Not later than the 60th day after
1-27 the date of receipt of the list and appraisal, the department shall
1-28 make recommendations to the division regarding the suitability of
1-29 those properties for affordable and accessible housing.
1-30 (d) For each property identified as not being used or as
1-31 being substantially underused under Subsection (b), the division
1-32 shall [and] make recommendations to the commissioner regarding the
1-33 use of the property or regarding a real estate transaction
1-34 involving the property.
1-35 (e) If the Texas Department of Housing and Community Affairs
1-36 designates a property as suitable for affordable and accessible
1-37 housing, the division's recommendations must include a
1-38 recommendation that title to the property be transferred to an
1-39 appropriate political subdivision for use as affordable and
1-40 accessible housing.
1-41 (f) The division's recommendations must [shall] include an
1-42 analysis of the highest and best use to which the property may
1-43 legally be placed. It shall include recommendations for
1-44 alternative uses of the property addressing potential for
1-45 commercial or agricultural lease of the property or any other real
1-46 estate transaction or use that the division may deem to be in the
1-47 best interest of the state. The division shall solicit proposals
1-48 and shall accept any unsolicited proposals about real estate
1-49 transactions involving the property that would be of significant
1-50 benefit to the state.
1-51 (g) [(c)] The division shall, on completion of a review,
1-52 submit to the commissioner any information pertinent to the
1-53 evaluation of a real estate transaction involving the [(d)] In any year that the division will evaluate
1-60 property under the management and control of the adjutant general's
1-61 department or the Texas National Guard Armory Board, the division
1-62 shall notify the adjutant general's department before the division
1-63 begins the evaluation.
1-64 [(e) The division shall furnish an appraisal to the Texas
2-1 Department of Housing and Community Affairs of properties that have
2-2 been identified as unused or substantially underused.]
2-3 SECTION 2. Sections 31.157(b) and (c), Natural Resources
2-4 Code, are amended to read as follows:
2-5 (b) The draft report shall be submitted to the State
2-6 Purchasing and General Services Commission which shall further
2-7 evaluate the potential use of the property by another state agency
2-8 or department. The draft report shall also be submitted, at the
2-9 same time as it is furnished to the commission, to each agency that
2-10 owns or holds in trust property that is the subject of the draft
2-11 report[, and to the Texas Department of Housing and Community
2-12 Affairs]. The commission may comment on any findings or
2-13 recommendations made by the commissioner and may make additional
2-14 recommendations regarding the use of the property. The commission
2-15 shall complete the review of the draft report within 60 days of the
2-16 receipt of the report and forward the comments to the commissioner.
2-17 [The Texas Department of Housing and Community Affairs may comment
2-18 on any findings or recommendations made by the commissioner and may
2-19 make additional recommendations regarding the suitability of the
2-20 property for affordable housing.]
2-21 (c) The commissioner shall prepare and issue a final report
2-22 that:
2-23 (1) incorporates any [incorporating the]
2-24 recommendations of the division regarding the transfer of title to
2-25 the property to a political subdivision for use as affordable and
2-26 accessible housing; and
2-27 (2) incorporates any recommendations of the commission
2-28 regarding the use of the [by another state agency] and
2-29 addresses any [addressing all] comments received from the
2-30 commission.
2-31 SECTION 3. Section 31.158, Natural Resources Code, is amended
2-32 by adding Subsections (d) and (e) to read as follows:
2-33 (d) If the legislature authorizes the transfer of title to
2-34 real property to a political subdivision for use as affordable and
2-35 accessible housing, the division shall take possession and control
2-36 of the property and shall conduct the transaction as provided by
2-37 the policy adopted under Subsection (e).
2-38 (e) The division shall adopt a policy regarding the method
2-39 of transferring title to real property designated as suitable for
2-40 affordable and accessible housing to a political subdivision for
2-41 use as affordable and accessible housing. The policy must include
2-42 monitoring and enforcement provisions to ensure that the property
2-43 is used for affordable and accessible housing.
2-44 SECTION 4. This Act takes effect September 1, 2001.
2-45 * * * * *