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A BILL TO BE ENTITLED
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AN ACT
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relating to the notice required for the lease of real property by |
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certain counties when responding to particular emergency |
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circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 263.007(e), Local Government Code, is |
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amended by amending Subdivision (3) and adding Subdivision (4) to |
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read as follows: |
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(3) Except as provided by Subdivision (4), a [If the] |
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commissioners court of a county that chooses to lease under this |
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subsection[, the commissioners court] shall declare its intent to |
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do so through written notice posted in the same place and manner as |
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the commissioners court posts its regular meeting agenda not later |
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than 30 days prior to the beginning of the lease period. In setting |
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the terms and conditions of the lease, including but not limited to |
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the amount of the lease payment, the commissioners court may |
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consider local business custom regarding leases and the reasonable |
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market value of the leasehold, but the commissioners court is not |
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bound thereby and may also consider the extent to which the |
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provision of services or the other activities to be performed by the |
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lessee will benefit the public. This subsection does not limit the |
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ability of a commissioners court to enter into interlocal |
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agreements, contracts, or any other arrangement permitted by law. |
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(4) The 30-day posting period provided by Subdivision |
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(3) does not apply to a lease under Subdivision (1) or (2) if: |
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(A) the duration of the lease is 95 days or less; |
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and |
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(B) the lease is to provide short-term emergency |
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disaster relief services to persons as a result of a disaster in the |
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county or to evacuees from another area as a result of an emergency |
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evacuation from that area. |
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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. |