By: Zaffirini S.B. No. 805
A BILL TO BE ENTITLED
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.