H.B. No. 655
AN ACT
relating to the sale of property by a defense base development
authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 272.001(b), Local Government Code, is
amended to read as follows:
(b) The notice and bidding requirements of Subsection (a) do
not apply to the types of land and real property interests described
by this subsection and owned by a political subdivision. The land
and those interests described by this subsection may not be
conveyed, sold, or exchanged for less than the fair market value of
the land or interest unless the conveyance, sale, or exchange is
with one or more abutting property owners who own the underlying fee
simple. The fair market value is determined by an appraisal
obtained by the political subdivision that owns the land or
interest or, in the case of land or an interest owned by a home-rule
municipality, the fair market value may be determined by the price
obtained by the municipality at a public auction for which notice to
the general public is published in the manner described by
Subsection (a). The notice of the auction must include, instead of
the content required by Subsection (a), a description of the land,
including its location, the date, time, and location of the
auction, and the procedures to be followed at the auction. The
appraisal or public auction price is conclusive of the fair market
value of the land or interest, regardless of any contrary provision
of a home-rule charter. This subsection applies to:
(1) narrow strips of land, or land that because of its
shape, lack of access to public roads, or small area cannot be used
independently under its current zoning or under applicable
subdivision or other development control ordinances;
(2) streets or alleys, owned in fee or used by
easement;
(3) land or a real property interest originally
acquired for streets, rights-of-way, or easements that the
political subdivision chooses to exchange for other land to be used
for streets, rights-of-way, easements, or other public purposes,
including transactions partly for cash;
(4) land that the political subdivision wants to have
developed by contract with an independent foundation;
(5) a real property interest conveyed to a
governmental entity that has the power of eminent domain; [or]
(6) a municipality's land that is located in a
reinvestment zone designated as provided by law and that the
municipality desires to have developed under a project plan adopted
by the municipality for the zone; or
(7) a property interest owned by a defense base
development authority established under Chapter 378, Local
Government Code, as added by Chapter 1221, Acts of the 76th
Legislature, Regular Session, 1999.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 655 was passed by the House on April
25, 2003, by the following vote: Yeas 146, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 655 was passed by the Senate on May
13, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor