By: Keffer H.B. No. 3032

A BILL TO BE ENTITLED

AN ACT

relating to the sale by the Brazos River Authority of certain property at Possum Kingdom Lake.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 8502, Special District Local Laws Code, is amended by adding Section 8502.013a to read as follows:

Sec. 8502.013a. SALE OF CAPTIVE PROPERTY AT POSSUM KINGDOM LAKE.

(a) In this section:

(1) "Lake" means Possum Kingdom Lake.

(2) "Project Land" means real property within the project boundary for the license issued to the Authority by the Federal Energy Regulatory Commission for project number 1490-003-Texas.

(3) "Captive Property To Be Sold" means all real property owned by the Authority at the Lake that sits above the 1000 foot mean sea level contour line and is surrounded by property owned by a single freeholder and/or the Lake; except the term "Captive Property To Be Sold" does not include any property currently leased for residential purposes, nor does it include any Project Land.

(4) "Offeree" means any person to whom an offer to sell Captive Property To Be Sold is to be made under this subsection.

(b) Notwithstanding any other provision of this chapter, the Authority is directed to sell all Captive Property To Be Sold in accordance with the directives of this section.

(1) Within 90 days of the effective date of this Act, the Authority shall publish a list of each parcel at the Lake that is:

(a) owned by the Authority at the Lake;

(b) sits above the 1000 foot mean sea level contour line; and

(c) is surrounded by property owned by a single freeholder and or the Lake. Each such parcel shall be deemed "Captive Property To Be Sold."

(2) Each listed parcel of Captive Property To Be Sold shall be offered for sale at its fair market value to the Offeree who owns the property which surrounds that specific parcel.

(3) Any Offeree who desires to purchase any parcel of Captive Property To Be Sold must submit a written statement of their intent to purchase such parcel to the Authority within 180 days of the publication of the list of parcels by the Authority. Should no written statement of intent to purchase any specific parcel be submitted to the Authority within 180 days of the publication of the list of parcels by the Authority, that parcel shall remain the property of the Authority.

(4) The Authority shall accept and process the written statements of intent to purchase in the order in which they are received.

(5) Any sale of property shall be handled as if it were a private sale for fair market value under Texas Water Code Section 49.226(a).

(c) Any dispute arising under this subsection (including any dispute concerning the designation of property as Captive Property To Be Sold, or the fair market value of any property to be sold) shall be resolved by action in the district court of Travis County, and any claim to governmental immunity on behalf of the Authority is hereby waived for the determination of any such dispute.

(d) For each parcel to be sold pursuant to this subsection, the Authority shall:

(1) provide to each Offeree a survey of the property that is prepared by a licensed state land surveyor or a registered professional land surveyor, and that is dated not earlier than the date one year before the effective date of the Act enacting this section;

(2) pay all reasonable, normal, customary, and documented closing costs associated with the sale of the property; and

(3) if applicable, pay all reasonable and necessary costs incurred for any required Federal Energy Regulatory Commission approval of the sale of the property to be purchased under this section.

(e) For any property sold under this section, the Authority shall provide a Special Warranty Deed encompassing all interests in the property held by the Authority, subject only to those restrictions and prohibitions contained in the deed of conveyance under which the Authority originally acquired title to the property. Any such deed that is made on behalf of the Authority and that is properly acknowledged, proved, and recorded is sufficient to convey the Authority's interest in the property.

(f) Chapters 232 and 272, Local Government Code, shall not apply to any sale of property under this section.

(g) The Authority may use proceeds from the sale of property under this section for any Authority purpose.

SECTION 2. Section 8502.013a, Special District Local Laws Code, as added by this Act, prevails to the extent that it conflicts with any other state law.

SECTION 3. 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, 2009.