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