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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing local governments to convey real property |
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interests to other local governments for less than fair market |
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value. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 272.001, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (l) to |
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read as follows: |
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(a) Except for the types of land and interests covered by |
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Subsection (b), (g), (h), (i), [or] (j), or (l), and except as |
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provided by Section 253.008, before land owned by a political |
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subdivision of the state may be sold or exchanged for other land, |
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notice to the general public of the offer of the land for sale or |
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exchange must be published in a newspaper of general circulation in |
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either the county in which the land is located or, if there is no |
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such newspaper, in an adjoining county. The notice must include a |
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description of the land, including its location, and the procedure |
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by which sealed bids to purchase the land or offers to exchange the |
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land may be submitted. The notice must be published on two separate |
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dates and the sale or exchange may not be made until after the 14th |
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day after the date of the second publication. |
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(l) The notice and bidding requirements provided by |
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Subsection (a) do not apply to a donation or sale made under this |
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subsection. A political subdivision may donate or sell for less |
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than fair market value a designated parcel of land or an interest in |
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real property to another political subdivision if: |
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(1) the land or interest will be used by the political |
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subdivision to which it is donated or sold in carrying out a purpose |
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that benefits the public interest of the donating or selling |
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political subdivision; |
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(2) the donation or sale of the land or interest is |
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made under terms that effect and maintain the public purpose for |
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which the donation or sale is made; and |
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(3) the title and right to possession of the land or |
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interest revert to the donating or selling political subdivision if |
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the acquiring political subdivision ceases to use the land or |
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interest in carrying out the public purpose. |
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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. |