2003S0629-1 03/13/03


By:  Jackson                                                      S.B. No. 1760


A BILL TO BE ENTITLED

AN ACT

relating to the leasing of real property owned or controlled by a 
county to an elected state official.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (e), Section 263.007, Local 
Government Code, is amended by adding a new Subdivision (3) and 
redesignating existing Subdivision (3) as Subdivision (4) to read 
as follows:
		(3)  The commissioners court of a county may lease real  
property within the county that is owned or controlled by the county 
to an elected state official to conduct official state business or 
such other activities as the commissioners court determines to be 
in the public interest, without using the sealed-bid or 
sealed-proposal procedure described in Subsection (a) and without 
using any other competitive bidding process which would otherwise 
be required by law.
		(4)  If the commissioners court of a county chooses to 
lease under this subsection, the commissioners court shall declare 
its intent to do so through written notice posted in the same place 
and manner as the commissioners court posts its regular meeting 
agenda not later than 30 days prior to the beginning of the lease 
period.  In setting the terms and conditions of the lease, including 
but not limited to the amount of the lease payment, the 
commissioners court may consider local business custom regarding 
leases and the reasonable market value of the leasehold, but the 
commissioners court is not bound thereby and may also consider the 
extent to which the provision of services or the other activities to 
be performed by the lessee will benefit the public.  This subsection 
does not limit the ability of a commissioners court to enter into 
interlocal agreements, contracts, or any other arrangement 
permitted by law.
	SECTION 2.  This Act takes effect September 1, 2003.