|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the authority of the General Land Office to accept |
|
grants. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 31.065, Natural Resources Code, is |
|
amended to read as follows: |
|
Sec. 31.065. AUTHORITY TO ACCEPT GRANTS, GIFTS, DEVISES, |
|
TRUSTS, AND BEQUESTS. (a) In the absence of any law to the contrary, |
|
the commissioner may, if he determines it to be in the best interest |
|
of the state, accept grants, gifts, devises, or bequests, either |
|
absolutely or in trust, of money or real or personal property on |
|
behalf of the state. Real property so acquired by the state becomes |
|
public free school land unless the person making the grant, gift, |
|
devise, or bequest provides that the real property is to be |
|
possessed, administered, or used by a particular state agency, |
|
board, commission, department, or other particular state entity. |
|
(b) Under Subsection (a) of this section, the commissioner |
|
may accept a grant, gift, devise, or bequest even if it is |
|
encumbered, restricted, or subject to a beneficial interest of |
|
private persons or corporations as long as any current or future use |
|
or interest in the grant, gift, devise, or bequest is for the |
|
benefit of the state. |
|
(c) If the commissioner determines that the real property |
|
acquired by the state by grant, gift, devise, or bequest is not |
|
suitable for the purpose for which the grant, gift, devise, or |
|
bequest was originally made, the commissioner together with the |
|
agency, board, commission, department, or other state entity |
|
designated to possess, administer, or use the real property may |
|
exchange the real property for real property that is suitable for |
|
such purpose. |
|
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, 2007. |