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A BILL TO BE ENTITLED
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AN ACT
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relating to an analysis by the adjutant general of facility needs of |
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state military forces before grants or conveyances of real |
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property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 431.0301(c), Government Code, is amended |
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to read as follows: |
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(c) The adjutant general may: |
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(1) hold, manage, or maintain the property; |
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(2) after the analysis required under Section |
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431.0308, if applicable, lease[,] or sell the property; and |
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(3) [may] pledge all or part of the rents, issues, and |
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profits of the property. |
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SECTION 2. Section 431.0303(a), Government Code, is amended |
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to read as follows: |
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(a) After the analysis required under Section 431.0308, if |
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applicable, the [The] adjutant general may lease property to any |
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person under terms the adjutant general determines. |
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SECTION 3. Section 431.0305(a), Government Code, is amended |
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to read as follows: |
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(a) When property that the adjutant general owns or that is |
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transferred to the state under Section 431.0304 is fully paid for |
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and free of liens, and all obligations incurred in connection with |
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the acquisition and construction of the property have been fully |
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paid, the adjutant general may, after conducting the analysis |
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required under Section 431.0308, if applicable, properly dispose of |
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the property if: |
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(1) the property is designated by the adjutant general |
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as surplus; and |
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(2) the disposal is in the best interests of the |
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adjutant general and the state military forces and its components |
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or successors. |
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SECTION 4. Subchapter B, Chapter 431, Government Code, is |
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amended by adding Section 431.0308 to read as follows: |
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Sec. 431.0308. ANALYSIS OF FACILITY SPACE BEFORE REAL |
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PROPERTY GRANT OR CONVEYANCE. Before granting or conveying an |
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interest in real property under this subchapter, the adjutant |
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general must conduct an analysis evaluating whether each unit of |
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the state military forces has adequate facility space to ensure |
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that ongoing operations are maintained. |
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SECTION 5. The changes in law made by this Act apply only to |
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a grant or conveyance of an interest in real property that occurs on |
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or after the effective date of this Act. For the purposes of this |
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section, a grant or conveyance of an interest in real property |
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occurs before the effective date of this Act if the adjutant general |
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is bound by contract before that date to make the grant or |
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conveyance. |
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SECTION 6. This Act takes effect September 1, 2011. |