79R7010 QS-D

By:  Lucio                                                        S.B. No. 628


A BILL TO BE ENTITLED
AN ACT
relating to an urban land bank program in certain municipalities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Chapter 379C, Local Government Code, is amended to read as follows:
CHAPTER 379C. URBAN LAND BANK [DEMONSTRATION] PROGRAM
SECTION 2. Section 379C.001, Local Government Code, is amended to read as follows: Sec. 379C.001. SHORT TITLE. This chapter may be cited as the Urban Land Bank [Demonstration] Program Act. SECTION 3. Section 379C.002, Local Government Code, is amended to read as follows: Sec. 379C.002. APPLICABILITY. This chapter applies only to a municipality with [home-rule municipalities that: [(1) have] a population of 125,000 [1.18 million] or more[; and [(2) are located predominantly in a county that has a total area of less than 1,000 square miles]. SECTION 4. Sections 379C.003(5) and (6), Local Government Code, are amended to read as follows: (5) "Urban land bank [demonstration] plan" or "plan" means a plan adopted by the governing body of a municipality as provided by Section 379C.006. (6) "Urban land bank [demonstration] program" or "program" means a program adopted under Section 379C.004. SECTION 5. Section 379C.004, Local Government Code, is amended to read as follows: Sec. 379C.004. URBAN LAND BANK [DEMONSTRATION] PROGRAM. (a) The governing body of a municipality may adopt an urban land bank [demonstration] program in which the officer charged with selling real property ordered sold pursuant to foreclosure of a tax lien may sell certain eligible real property by private sale for purposes of affordable housing development as provided by this chapter. (b) The governing body of a municipality that adopts an urban land bank [demonstration] program shall establish or approve a land bank for the purpose of acquiring, holding, and transferring unimproved real property under this chapter. SECTION 6. Section 379C.005, Local Government Code, is amended to read as follows: Sec. 379C.005. QUALIFIED PARTICIPATING DEVELOPER. To qualify to participate in an urban land bank [demonstration] program, a developer must: (1) have built three or more housing units within the three-year period preceding the submission of a proposal to the land bank seeking to acquire real property from the land bank; (2) have a development plan approved by the municipality for the land bank property; and (3) meet any other requirements adopted by the municipality in the urban land bank [demonstration] plan. SECTION 7. The heading to Section 379C.006, Local Government Code, is amended to read as follows: Sec. 379C.006. URBAN LAND BANK [DEMONSTRATION] PLAN. SECTION 8. Sections 379C.006(a) and (b), Local Government Code, are amended to read as follows: (a) A municipality that adopts an urban land bank [demonstration] program shall operate the program in conformance with an urban land bank [demonstration] plan. (b) The governing body of a municipality that adopts an urban land bank [demonstration] program shall adopt a plan annually. The plan may be amended from time to time. SECTION 9. This Act takes effect September 1, 2005.