1-1     By:  Wentworth                                         S.B. No. 116
 1-2           (In the Senate - Filed November 16, 2000; January 11, 2001,
 1-3     read first time and referred to Committee on Education;
 1-4     February 12, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0;
 1-6     February 12, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 116                By:  Zaffirini
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to authorizing the board of trustees of an independent
1-11     school district to donate certain surplus district property to a
1-12     municipality, county, or nonprofit organization in order to
1-13     preserve the property.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15           SECTION 1.  Subchapter D, Chapter 11, Education Code, is
1-16     amended by adding Section 11.1541 to read as follows:
1-17           Sec. 11.1541.  DONATION OF SURPLUS PROPERTY.  (a)  The board
1-18     of trustees of an independent school district may, by resolution,
1-19     authorize the donation of real property and improvements formerly
1-20     used as a school campus to a municipality, county, or nonprofit
1-21     organization if:
1-22                 (1)  before adopting the resolution, the board holds a
1-23     public hearing concerning the donation and, in addition to any
1-24     other notice required, gives notice of the hearing by publishing
1-25     the subject matter, location, date, and time of the hearing in a
1-26     newspaper having general circulation in the territory of the
1-27     district;
1-28                 (2)  the board determines that:
1-29                       (A)  the improvements have historical
1-30     significance;
1-31                       (B)  the transfer will further the preservation
1-32     of the improvements; and
1-33                       (C)  at the time of the transfer, the district
1-34     does not need the real property or improvements for educational
1-35     purposes;
1-36                 (3)  the real property and improvements:
1-37                       (A)  were donated to the district; and
1-38                       (B)  at the time of the transfer, are used as a
1-39     community center; and
1-40                 (4)  the entity to whom the transfer is made has shown,
1-41     to the satisfaction of the board, that the entity intends to
1-42     continue to use the real property and improvements as a community
1-43     center.
1-44           (b)  The president of the board of trustees shall execute a
1-45     deed transferring ownership of the real property and improvements
1-46     to the municipality, county, or nonprofit organization.  The deed
1-47     must:
1-48                 (1)  recite the resolution of the board authorizing the
1-49     donation; and
1-50                 (2)  provide that ownership of the real property and
1-51     improvements revert to the district if the municipality, county, or
1-52     nonprofit organization:
1-53                       (A)  discontinues use of the real property and
1-54     improvements as a community center; or
1-55                       (B)  executes a document that purports to convey
1-56     the property.
1-57           (c)  In this section, "nonprofit organization" means an
1-58     organization exempt from federal income taxation under Section
1-59     501(a), Internal Revenue Code of 1986, as an organization described
1-60     by Section 501(c)(3) of that code.
1-61           SECTION 2.  This Act takes effect January 1, 2002, but only
1-62     if the constitutional amendment proposed by the 77th Legislature,
1-63     Regular Session, 2001, authorizing donation of surplus school
1-64     district property of historical significance is approved by the
 2-1     voters.  If that amendment is not approved by the voters, this Act
 2-2     has no effect.
 2-3                                  * * * * *