By:  Chavez                                                       H.B. No. 3333



A BILL TO BE ENTITLED

AN ACT

relating to the conveyance of property to federally recognized 
Indian tribes in counties along the Texas-Mexico border.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 202.021, Transportation Code, is amended 
to read as follows:
	Sec. 2002.021.  REAL PROPERTY NO LONGER NEEDED.                                
	(a)  The commission may recommend to the governor the sale or 
transfer of any interest in real property, including a highway 
right-of-way, that:
		(1)  was acquired for a highway purpose; and                                  
		(2)  as determined by the commission, is no longer 
needed for a state highway purpose.
	(b)  Except as provided by Subsection (c), real property 
shall be transferred or sold with the following properties:
		(1)  to a governmental entity with the authority to 
condemn the property; or
		(2)  to a federally recognized Indian tribe whose 
reservation is along the Texas-Mexico border; or
		(3)  to the general public.                                            
	(c)  A highway right-of-way shall be transferred or sold with 
the following priorities:
		(1)  to a governmental entity with the authority to 
condemn the property;   
		(2)  to abutting or adjoining landowners; or                                  
		(3)  to a federally recognized Indian tribe whose 
reservation is along the Texas-Mexico border; or
		(4)  to the general public.                                            
	(d)  The commission shall:                                                     
		(1)  determine the fair value of the state's interest in 
the real property; and
		(2)  if the value is $10,000 or more, advise the 
governor of the value.     
	(e)  The commission may waive payment for real property 
transferred to a governmental entity under this section if the 
estimated cost of future maintenance on the property equals or 
exceeds the fair value of the property. 
	(f)  Any revenue from the sale of property under this 
subchapter shall be deposited to the credit of the state highway 
fund.
	(g)  The governor may execute a deed conveying the state's 
interest in the property.
	(h)  If the commission determines that value of the real 
property is less than $10,000, it may authorize the executive 
director to execute a deed conveying the state's interest in the 
property without a recommendation to the governor.
	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, 2005.