By: Brimer | S.B. No. 336 | |
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relating to the notice required for the lease of real property by | |||
certain counties when responding to particular emergency | |||
circumstances. | |||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |||
SECTION 1. Subsection (e), Section 263.007, Local | |||
Government Code, is amended by amending Subdivision (3) and adding | |||
Subdivision (4) to read as follows: | |||
(3) Except as provided by Subdivision (4), a [ |
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commissioners court of a county that chooses to lease under this | |||
subsection[ |
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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. | |||
(4) The 30-day posting period provided by Subdivision | |||
(3) does not apply to a lease under Subdivision (1) or (2) if: | |||
(A) the duration of the lease is 95 days or less; | |||
and | |||
(B) the lease is to provide short-term emergency | |||
disaster relief services to persons as a result of a disaster in the | |||
county or to evacuees from another area as a result of an emergency | |||
evacuation from that area. | |||
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. |