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H.B. No. 1702
AN ACT
relating to the sale and subsequent lease of property by certain
counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 263.053, Local Government Code, is
amended to read as follows:
Sec. 263.053. SALE AND SUBSEQUENT LEASE OR LICENSE OF
PROPERTY IN COUNTIES WITH POPULATION OF MORE THAN 250,000
[500,000]. (a) This section applies only to counties with a
population of more than 250,000 [500,000].
(b) The commissioners court of the county may sell land,
buildings, facilities, or equipment for the purpose of making
contracts for the lease or rental of land, buildings, facilities,
or equipment or for receiving services from others for county
purposes. The commissioners court may pay regular monthly bills
for utilities, such as electricity, gas, and water, for the
property leased or rented or for the services received.
(c) The commissioners court of the county may enter into any
for-profit or other licensing agreement with a seller of wireless
communications service that may include a license to collocate
wireless communications technology on property owned by the county.
(d) If a majority of the commissioners court determines that
the facilities and equipment are essential for the proper
administration of county government, the commissioners court may
pay for the facilities and equipment and for the regular monthly
bills from the general fund of the county. The commissioners court
must make the payment by warrant in the manner that payments for
other obligations of the county are made.
(e) [(d)] A construction project initiated for a purpose
authorized by this section may be awarded only by a contract that
provides for the payment of the prevailing wage for all mechanics,
laborers, and others employed in the construction project. The
commissioners court of Tarrant County shall set the prevailing
wage, which must be the same prevailing wage set by the
commissioners court of that county for all construction projects
involving the expenditure of county funds.
(f) [(e)] On or before the expiration of a contract made
under this section, the facilities may be purchased by the county
and paid for from its general fund if a majority of the
commissioners court agrees that the purchase price is reasonable.
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. 1702 was passed by the House on May 6,
2003, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1702 on May 22, 2003, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1702 on May 30, 2003, by the following vote: Yeas 135,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1702 was passed by the Senate, with
amendments, on May 20, 2003, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1702 on May 30, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor