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A BILL TO BE ENTITLED
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AN ACT
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relating to the acquisition of real property by a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 8, Local Government Code, is |
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amended by adding Chapter 260 to read as follows: |
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CHAPTER 260. MISCELLANEOUS PROVISIONS AFFECTING THE ACQUISITION OF |
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PROPERTY BY MUNICIPALITIES |
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Sec. 260.001. CONSENT REQUIRED FOR ACQUISITION OF REAL |
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PROPERTY. A municipality authorized by other law to acquire, by |
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purchase or exercising the power of eminent domain, real property |
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located outside the corporate boundaries and extraterritorial |
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jurisdiction of the municipality may not acquire real property |
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located outside the corporate boundaries and extraterritorial |
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jurisdiction of the municipality unless: |
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(1) if the property is located within the corporate |
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boundaries or extraterritorial jurisdiction of another |
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municipality, the purchasing municipality: |
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(A) obtains written consent for the acquisition |
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from the governing body of the municipality in which the property is |
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located; |
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(B) waives its right to exempt the property from |
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ad valorem taxes; or |
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(C) agrees to make, as a payment in lieu of taxes, |
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a payment in an amount equal to the ad valorem taxes, based on the |
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actual value of the property, that otherwise would have been |
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imposed for the preceding tax year on the property by the |
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municipality in which the property is located; or |
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(2) if the property is located in the unincorporated |
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area of the county and not in the extraterritorial jurisdiction of a |
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municipality, the purchasing municipality: |
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(A) obtains written consent for the acquisition |
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from the commissioners court of the county in which the property is |
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located; |
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(B) waives its right to exempt the property from |
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ad valorem taxes; or |
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(C) agrees to make, as a payment in lieu of taxes, |
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a payment in an amount equal to the ad valorem taxes, based on the |
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actual value of the property, that otherwise would have been |
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imposed for the preceding tax year on the property by the county in |
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which the property is located. |
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SECTION 2. This Act takes effect September 1, 2015. |