82R1651 MXM-F

By: Geren H.B. No. 844

A BILL TO BE ENTITLED

AN ACT

relating to the sale or lease of property by certain municipalities

owning land near the shoreline of certain lakes.

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

SECTION 1. Section 272.001(h), Local Government Code, is

amended to read as follows:

(h) A municipality having a population of 825,000 [575,000]

or less and owning land within 5,000 feet of where the shoreline of

a lake would be if the lake were filled to its storage capacity may,

without notice or the solicitation of bids, sell the land to the

person leasing the land for the fair market value of the land as

determined by a certified appraiser. While land described by this

subsection is under lease, the municipality owning the land may not

sell the land to any person other than the person leasing the land.

To protect the public health, safety, or welfare and to ensure an

adequate municipal water supply, property sold by the municipality

under this subsection is not eligible for and the owner is not

entitled to the exemption provided by Section 11.142(a), Water

Code. The instrument conveying property under this subsection must

include a provision stating that the exemption does not apply to the

conveyance. In this subsection, "lake" means an inland body of

standing water, including a reservoir formed by impounding the

water of a river or creek but not including an impoundment of salt

water or brackish water, that has a storage capacity of more than

10,000 acre-feet.

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, 2011.