1-1 AN ACT
1-2 relating to the authority of certain municipalities to use
1-3 property, or to lease or sell property used for the purpose of
1-4 operating certain properties, located on certain state-owned lands.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 307.001, Local Government Code, is
1-7 amended to read as follows:
1-8 Sec. 307.001. ELIGIBLE MUNICIPALITIES. A municipality that
1-9 borders on the Gulf of Mexico and has a population of 50,000
1-10 [60,000] or more may use and occupy for park purposes gulf
1-11 tidelands and adjacent water as provided by this chapter.
1-12 SECTION 2. Section 307.042, Local Government Code, is
1-13 amended by amending Subsection (c) and adding Subsection (e) to
1-14 read as follows:
1-15 (c) As additional security for the bonds, notes, or
1-16 warrants, the municipality may, by the terms of a mortgage, grant
1-17 to the purchaser under sale or foreclosure a franchise to operate
1-18 the properties purchased for a period of not more than 99 [75]
1-19 years after the purchase. If at the time of the sale or
1-20 foreclosure there is a pier, structure, or improvement located in
1-21 whole or in part on or over state-owned tideland, water, and bed of
1-22 the Gulf of Mexico, during that period of 99 [75] years the
1-23 purchaser and the purchaser's heirs, successors, and assigns have
1-24 the same right of use and occupancy to the state-owned tideland,
1-25 water, and bed as is granted to the municipality under this
2-1 chapter. On termination of that period or on cessation of use of
2-2 the property for that purpose, the right of use and occupancy
2-3 reverts to the municipality.
2-4 (e) The municipality may sell the property described by
2-5 Subsection (b) if no bonded indebtedness remains outstanding. If
2-6 the municipality sells the property, the General Land Office may
2-7 grant to the purchaser a lease of the state-owned tideland, water,
2-8 and bed beneath the property or, if necessary, a larger area for a
2-9 period of not more than 99 years after the purchase. The purchaser
2-10 and the purchaser's heirs, successors, and assigns have the same
2-11 right of use and occupancy to the state-owned tideland, water, and
2-12 bed as is granted to the municipality under this chapter. On
2-13 termination of that period or on cessation of use of the property
2-14 for that purpose, the right of use and occupancy reverts to the
2-15 municipality.
2-16 SECTION 3. This Act takes effect immediately if it receives
2-17 a vote of two-thirds of all the members elected to each house, as
2-18 provided by Section 39, Article III, Texas Constitution. If this
2-19 Act does not receive the vote necessary for immediate effect, this
2-20 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 673 passed the Senate on
March 15, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting; and that the Senate concurred in House
amendment on May 17, 2001, by the following vote: Yeas 30, Nays 0,
one present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 673 passed the House, with
amendment, on May 11, 2001, by the following vote: Yeas 130,
Nays 0, one present, not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor