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