BILL ANALYSIS

S.B. 1349

By: Watson

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties call for the authorization for the Texas Department of Motor Vehicles (TxDMV) to own, control, and perform other related tasks with regard to real property, including improvements. S.B. 1349 seeks to optimize TxDMV operations by providing for that authorization and for the transfer of certain real property to TxDMV.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

S.B. 1349 amends the Transportation Code to authorize the Texas Department of Motor Vehicles (TxDMV) to own, control, manage, maintain, improve, lease, pledge, encumber, trade, sell, transfer, and otherwise dispose of real property, including improvements. The bill requires the General Land Office (GLO), if requested by TxDMV, to negotiate and close a sale of real property on behalf of TxDMV using procedures for real estate transactions authorized by the legislature except that the GLO is not required to offer the School Land Board the first option to purchase the real property. The bill requires revenue from the disposition of the real property to be deposited to the credit of the TxDMV fund for the use and benefit of TxDMV. The bill authorizes the expenses incurred by the GLO in conducting such a real estate transaction, including the payment of reasonable brokerage fees, to be deducted from the proceeds of the transaction before the proceeds are deposited to the credit of the TxDMV fund. The bill authorizes TxDMV to enter into a contract regarding disposition of real property, including improvements. The bill requires TxDMV, to the extent feasible, to comply with requirements and processes of certain statutory provisions relating to state real property and lease of certain property except that TxDMV is required to comply with a requirement that expressly applies to a state agency that is exempt from statutory provisions governing building construction and acquisition and disposition of real property. The bill authorizes TxDMV to use certain services of the Texas Facilities Commission (TFC) relating to powers of the TFC in relation to other agency property, to the TFC's participation in other building projects, and to TFC authority to lease space for state agencies, but the bill expressly does not require TxDMV to use such TFC services.

S.B. 1349 amends the Government Code to make conforming changes.

S.B. 1349 provides for a Texas Department of Transportation (TxDOT) transfer of real property specified by the bill to TxDMV, provides for a TxDOT sale of such property, and makes any agency to which real property is transferred or sold responsible for the recordation of the transfer instrument.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.