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By:  Geren                                                        H.B. No. 1301



A BILL TO BE ENTITLED

AN ACT

relating to the use of receipts from the sale of land by the Parks 
and Wildlife Department
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 13.009, Parks and Wildlife Code, is 
amended to read as follows:
	Sec. 13.009.  SALE OR EXCHANGE OF LAND.  (a)  The director 
with the approval of the commission may execute a deed exchanging 
real property or an interest in real property either as all or 
partial consideration for other real property or interest in real 
property.  The director with the approval of the commission may 
execute a deed selling real property or an interest in real property 
under the jurisdiction of the department if ownership of the real 
property is no longer in the best interest of the department.
	(b)  The department shall receive a good and marketable title 
to all land exchanged under this section.
	(c)  All land to be received in the exchange must be 
appraised and if the land to be received is of greater value, as 
determined by an independent and competent appraisal, than the 
state land exchanged, the department may use funds available for 
land acquisitions as a partial consideration for the exchange.
	(d)  The receipts from the sale of land under this section 
shall be used for improving or acquiring other real property in the 
same or adjacent county dedicated to the same purpose for which the 
land sold was dedicated.
	(e)  Notwithstanding any other law or charter provision to 
the contrary, the department and a municipality may agree to 
exchange park properties under the control or management of the 
department or municipal government on the following conditions:
		(1)  the properties to be exchanged shall continue to 
be dedicated park properties and used for park purposes;
		(2)  no election is required by the municipality to 
authorize exchange; and 
		(3)  all of the provisions of Subsections (a) through 
(d) of this section are complied with by the department.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If it does 
not receive the vote necessary for immediate effect, this Act takes 
effect September 1, 2003.