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