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AN ACT
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relating to the sale or lease of property by certain municipalities |
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owning land near the shoreline of certain lakes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 272.001(h), Local Government Code, is |
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amended to read as follows: |
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(h) A municipality having a population of 825,000 [575,000] |
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or less and owning land within 5,000 feet of where the shoreline of |
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a lake would be if the lake were filled to its storage capacity may, |
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without notice or the solicitation of bids, sell the land to the |
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person leasing the land for the fair market value of the land as |
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determined by a certified appraiser. While land described by this |
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subsection is under lease, the municipality owning the land may not |
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sell the land to any person other than the person leasing the land. |
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To protect the public health, safety, or welfare and to ensure an |
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adequate municipal water supply, property sold by the municipality |
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under this subsection is not eligible for and the owner is not |
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entitled to the exemption provided by Section 11.142(a), Water |
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Code. The instrument conveying property under this subsection must |
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include a provision stating that the exemption does not apply to the |
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conveyance. In this subsection, "lake" means an inland body of |
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standing water, including a reservoir formed by impounding the |
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water of a river or creek but not including an impoundment of salt |
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water or brackish water, that has a storage capacity of more than |
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10,000 acre-feet. |
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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, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 844 was passed by the House on April |
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26, 2011, by the following vote: Yeas 147, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 844 was passed by the Senate on May |
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25, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |