By Wentworth                                           S.B. No. 116
         77R410 CAS-D                           
                                A BILL TO BE ENTITLED
 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)  the board determines that:
1-15                       (A)  the improvements have historical
1-16     significance;
1-17                       (B)  the transfer will further the preservation
1-18     of the improvements; and
1-19                       (C)  at the time of the transfer, the district
1-20     does not need the real property or improvements for educational
1-21     purposes;
1-22                 (2)  the real property and improvements:
1-23                       (A)  were donated to the district; and
1-24                       (B)  at the time of the transfer, are used as a
 2-1     community center; and
 2-2                 (3)  the entity to whom the transfer is made has shown,
 2-3     to the satisfaction of the board, that the entity intends to
 2-4     continue to use the real property and improvements as a community
 2-5     center.
 2-6           (b)  The president of the board of trustees shall execute a
 2-7     deed transferring ownership of the real property and improvements
 2-8     to the municipality, county, or nonprofit organization.  The deed
 2-9     must recite the resolution of the board authorizing the donation.
2-10           (c)  In this section, "nonprofit organization" means an
2-11     organization exempt from federal income taxation under Section
2-12     501(a), Internal Revenue Code of 1986, as an organization described
2-13     by Section 501(c)(3) of that code.
2-14           SECTION 2. This Act takes effect January 1, 2002, but only if
2-15     the constitutional amendment proposed by the 77th Legislature,
2-16     Regular Session, 2001, authorizing donation of surplus school
2-17     district property of historical significance is approved by the
2-18     voters.  If that amendment is not approved by the voters, this Act
2-19     has no effect.