BILL ANALYSIS

C.S.S.B. 930

By: Van de Putte

Culture, Recreation & Tourism

Committee Report (Substituted)

BACKGROUND AND PURPOSE

There are currently several exceptions to the statutory requirement that municipalities obtain voter approval before selling land owned, held, or claimed as a public square or park. C.S.S.B. 930 seeks to create another exception for the sale of land used for a world exposition, such as the land in San Antonio's HemisFair Park.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.S.B. 930 amends the Local Government Code to exempt the sale of a public square or park from the requirement for voter approval of such a sale at an election if the land was part of the site of a world exposition recognized by the Bureau International des Expositions and the remainder of the world exposition site includes dedicated public squares or parks that have a total area of 18 acres or more. The bill authorizes the dedicated remainder area to include an area for which the municipality commits to demolishing any non-park improvements within 48 months after the date of the dedication. The bill requires a petition for judicial review of such a sale to be filed on or before the 60th day after the date the ordinance or resolution authorizing the sale is adopted and bars a petition filed after that date.

C.S.S.B. 930 prohibits the aggregate square footage of hotel improvements to be constructed on any property sold or leased by a municipality that was part of the site of a world exposition recognized by the Bureau International des Expositions from exceeding 20 percent of the aggregate square footage of any improvements other than a convention center that are located on property sold or leased by the municipality on that site and that are constructed after June 1, 2013, if the municipality sells or leases a public square or park without an election as authorized by the bill's provisions.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.S.B. 930 may differ from the engrossed version in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the engrossed and committee substitute versions of the bill.

SENATE ENGROSSED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1. Section 253.001, Local Government Code, is amended by adding Subsections (m), (n), and (o) to read as follows: (m) Subsection (b) does not apply to the sale of a public square or park if: (1) the land was part of the site of a world exposition recognized by the Bureau International des Expositions; and (2) the remainder of the world exposition site includes a dedicated public square or park that has a total area of 18 acres or more. (n) The area dedicated under Subsection (m)(2) may include an area for which the municipality commits to demolishing any non park improvements within 48 months after the date of the dedication. (o) A petition for judicial review of a sale under Subsection (m) must be filed on or before the 60th day after the date the ordinance or resolution authorizing the sale is adopted. A petition filed after that date is barred.	SECTION 1. Section 253.001, Local Government Code, is amended by adding Subsections (m), (n), and (o) to read as follows: (m) Subsection (b) does not apply to the sale of a public square or park if: (1) the land was part of the site of a world exposition recognized by the Bureau International des Expositions; and (2) the remainder of the world exposition site includes dedicated public squares or parks that have a total area of 18 acres or more. (n) The area dedicated under Subsection (m)(2) may include an area for which the municipality commits to demolishing any non-park improvements within 48 months after the date of the dedication. (o) A petition for judicial review of a sale under Subsection (m) must be filed on or before the 60th day after the date the ordinance or resolution authorizing the sale is adopted. A petition filed after that date is barred.
SECTION 2. Chapter 253, Local Government Code, is amended by adding Section 253.0011 to read as follows: Sec. 253.0011. SALE OR LEASE OF LAND USED FOR WORLD EXPOSITION RESTRICTED. (a) If a municipality sells or leases land described by Section 253.001(m)(1), the aggregate square footage of hotel improvements to be constructed on any property sold or leased that was part of the site of a world exposition recognized by the Bureau International des Expositions may not exceed the greater of: (1) 20 percent of the aggregate square footage of any improvements other than a convention center on that land that are constructed by the municipality after June 1, 2013; or (2) 400,000 square feet. (b) In this section, "hotel improvements" means hotel guest rooms, hallways adjacent to guest rooms, and lobby areas.	SECTION 2. Chapter 253, Local Government Code, is amended by adding Section 253.0011 to read as follows: Sec. 253.0011. SALE OR LEASE OF LAND USED FOR WORLD EXPOSITION RESTRICTED. If a municipality sells or leases a public square or park as authorized by Section 253.001(m), the aggregate square footage of hotel improvements to be constructed on any property sold or leased by the municipality that was part of the site of a world exposition recognized by the Bureau International des Expositions may not exceed 20 percent of the aggregate square footage of any improvements other than a convention center that: (1) are located on property sold or leased by the municipality on that site; and (2) are constructed after June 1, 2013.
SECTION 3. 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, 2013.	SECTION 3. Same as engrossed version.