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 * * * * *