S.B. No. 805




AN ACT

relating to donation of certain surplus school district property to 
preserve the property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsections (a) and (b), Section 11.1541, 
Education Code, are amended to read as follows:
	(a)  The board of trustees of an independent school district 
may, by resolution, authorize the donation of real property and 
improvements formerly used as a school campus to a municipality, 
county, state agency, or nonprofit organization if:
		(1)  before adopting the resolution, the board holds a 
public hearing concerning the donation and, in addition to any 
other notice required, gives notice of the hearing by publishing 
the subject matter, location, date, and time of the hearing in a 
newspaper having general circulation in the territory of the 
district;
		(2)  the board determines that:                                               
			(A)  the improvements have historical 
significance;                        
			(B)  the transfer will further the preservation of 
the improvements; and   
			(C)  at the time of the transfer, the district 
does not need the real property or improvements for educational 
purposes; and
		(3)  [the real property and improvements:                    
			[(A)  were donated to the district; and                     
			[(B)  at the time of the transfer, are used as a 
community center; and
		[(4)]  the entity to whom the transfer is made has 
shown, to the satisfaction of the board, that the entity intends to 
continue to use the real property and improvements [as a community 
center] for public purposes[, such as youth or senior citizen 
activities, fund-raisers for noncommercial groups in the 
community, or educational or entertainment events].
	(b)  The president of the board of trustees shall execute a 
deed transferring ownership of the real property and improvements 
to the municipality, county, state agency, or nonprofit 
organization.  The deed must:
		(1)  recite the resolution of the board authorizing the 
donation; and       
		(2)  provide that ownership of the real property and 
improvements revert to the district if the municipality, county, 
state agency, or nonprofit organization:
			(A)  discontinues use of the real property and 
improvements [as a community center] for public purposes; or
			(B)  executes a document that purports to convey 
the property.             
	SECTION 2.  The amendment to Subsections (a) and (b), 
Section 11.1541, Education Code, by this Act, does not affect the 
terms of a deed entered into under Section 11.1541, Education Code, 
before September 1, 2003.
	SECTION 3.  This Act takes effect September 1, 2003.                           





______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 805 passed the Senate on 
May 1, 2003, by the following vote:  Yeas 31, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 805 passed the House on 
May 28, 2003, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor