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)  before adopting the resolution, the board holds a
1-15     public hearing concerning the donation and, in addition to any
1-16     other notice required, gives notice of the hearing by publishing
1-17     the subject matter, location, date, and time of the hearing in a
1-18     newspaper having general circulation in the territory of the
1-19     district;
1-20                 (2)  the board determines that:
1-21                       (A)  the improvements have historical
1-22     significance;
1-23                       (B)  the transfer will further the preservation
1-24     of the improvements; and
1-25                       (C)  at the time of the transfer, the district
 2-1     does not need the real property or improvements for educational
 2-2     purposes;
 2-3                 (3)  the real property and improvements:
 2-4                       (A)  were donated to the district; and
 2-5                       (B)  at the time of the transfer, are used as a
 2-6     community center; and
 2-7                 (4)  the entity to whom the transfer is made has shown,
 2-8     to the satisfaction of the board, that the entity intends to
 2-9     continue to use the real property and improvements as a community
2-10     center for public purposes, such as youth or senior citizen
2-11     activities, fund-raisers for noncommercial groups in the community,
2-12     or educational or entertainment events.
2-13           (b)  The president of the board of trustees shall execute a
2-14     deed transferring ownership of the real property and improvements
2-15     to the municipality, county, or nonprofit organization.  The deed
2-16     must:
2-17                 (1)  recite the resolution of the board authorizing the
2-18     donation; and
2-19                 (2)  provide that ownership of the real property and
2-20     improvements revert to the district if the municipality, county, or
2-21     nonprofit organization:
2-22                       (A)  discontinues use of the real property and
2-23     improvements as a community center for public purposes; or
2-24                       (B)  executes a document that purports to convey
2-25     the property.
2-26           (c)  In this section, "nonprofit organization" means an
 3-1     organization exempt from federal income taxation under Section
 3-2     501(a), Internal Revenue Code of 1986, as an organization described
 3-3     by Section 501(c)(3) of that code.
 3-4           SECTION 2.  This Act takes effect January 1, 2002, but only
 3-5     if the constitutional amendment proposed by the 77th Legislature,
 3-6     Regular Session, 2001, authorizing donation of surplus school
 3-7     district property of historical significance is approved by the
 3-8     voters.  If that amendment is not approved by the voters, this Act
 3-9     has no effect.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 116 passed the Senate on
         February 27, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 116 passed the House on
         May 4, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor