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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of emergency service districts to receive |
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property from other political subdivisions without complying with |
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notice and bidding requirements for the sale or exchange of land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 272.001(b), Local Government Code, is |
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amended to read as follows: |
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(b) The notice and bidding requirements of Subsection (a) do |
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not apply to the types of land and real property interests described |
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by this subsection and owned by a political subdivision. The land |
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and those interests described by this subsection may not be |
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conveyed, sold, or exchanged for less than the fair market value of |
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the land or interest unless the conveyance, sale, or exchange is |
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with one or more abutting property owners who own the underlying fee |
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simple. The fair market value is determined by an appraisal |
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obtained by the political subdivision that owns the land or |
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interest or, in the case of land or an interest owned by a home-rule |
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municipality, the fair market value may be determined by the price |
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obtained by the municipality at a public auction for which notice to |
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the general public is published in the manner described by |
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Subsection (a). The notice of the auction must include, instead of |
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the content required by Subsection (a), a description of the land, |
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including its location, the date, time, and location of the |
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auction, and the procedures to be followed at the auction. The |
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appraisal or public auction price is conclusive of the fair market |
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value of the land or interest, regardless of any contrary provision |
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of a home-rule charter. This subsection applies to: |
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(1) narrow strips of land, or land that because of its |
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shape, lack of access to public roads, or small area cannot be used |
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independently under its current zoning or under applicable |
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subdivision or other development control ordinances; |
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(2) streets or alleys, owned in fee or used by |
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easement; |
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(3) land or a real property interest originally |
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acquired for streets, rights-of-way, or easements that the |
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political subdivision chooses to exchange for other land to be used |
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for streets, rights-of-way, easements, or other public purposes, |
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including transactions partly for cash; |
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(4) land that the political subdivision wants to have |
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developed by contract with an independent foundation; |
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(5) a real property interest conveyed to a |
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governmental entity that has the power of eminent domain; |
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(6) a municipality's land that is located in a |
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reinvestment zone designated as provided by law and that the |
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municipality desires to have developed under a project plan adopted |
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by the municipality for the zone; [or] |
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(7) a property interest owned by a defense base |
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development authority established under Chapter 379B; or |
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(8) a real property interest conveyed to an emergency |
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services district created or operating under Section 48-e, Article |
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III, Texas Constitution [378, Local Government Code, as added by
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Chapter 1221, Acts of the 76th Legislature, Regular Session, 1999]. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |