H.B. 1306 78(R)    BILL ANALYSIS


H.B. 1306
By: Marchant
Land & Resource Management
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, documents pertaining to General Land Office (GLO) real estate
transactions are not held confidential until the entire transaction is
complete and can be required to be made public once a contract has been
executed.  Most contracts have a feasibility period or other waiting
period allowing the buyer time to inspect the property and engage in
further negotiations. Thus, even though a contract has been executed, the
transaction is not necessarily complete.  Requiring the early release of
the State's market value estimates and other information related to
determining the price of the real property restricts the ability of the
GLO to obtain the best possible price  for State assets. 

H.B. 1306 allows the GLO to keep confidential information relating to the
sale of real property until a deed has been issued and the transaction
completed. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.Redesigns Section 11.084, Natural Resources Code, as Section
11.086 and amends it as follows: 

Requires that information relating to the location, or purchase price, or
sale price of real property purchased or sold by or for the School Board,
Veteran's Land Board, land office, or land commissioner is confidential
and exempt from disclosure under Chapte 552, Government Code, until a deed
for the property is executed.  

The information that is confidential and exempted includes an appraisal,
completed report, evaluation, investigation conducted for the purpose of
locating or determining the purchase price of the property, or any report
prepared in anticipation of purchasing or selling real property. 

SECTION 2.Effective date.

EFFECTIVE DATE

The bill takes effect immediately if approved by two-thirds of the members
elected to each house. Otherwise, the bill takes effect September 1, 2003.