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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of real property interests by |
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navigation districts and port authorities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 60.038, Water Code, is amended to read as |
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follows: |
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Sec. 60.038. DISPOSITION [SALE OR LEASE] OF INTERESTS IN |
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REAL PROPERTY [LAND]. (a) A district may sell, exchange, or lease |
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real property or any interest in real property [all or any part of
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land] owned by it, whether the real property was [land is] acquired |
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by gift or purchase, in settlement of any litigation, controversy, |
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or claim in behalf of the district, or in any other manner, except |
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that lands or flats heretofore purchased from the State of Texas |
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under Article 8225, Revised Civil Statutes of Texas, 1925, or |
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granted by the State of Texas in any general or special act, may be |
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sold only to the State of Texas or exchanged with the State of Texas |
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for other lands or exchanged for adjacent littoral land as |
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authorized by Section 61.117 [of this code]. The district may |
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impose restrictions on the development, use, and transfer of any |
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real property or interest in real property in connection with its |
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sale or exchange under this section. |
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(b) Except as provided by Subsection (d), before [Before] a |
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district may sell or exchange real property [land], the commission |
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shall determine by resolution that the land is no longer needed for |
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use by the district in connection with the development of a |
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navigation project. |
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(c) Except as provided by Subsection (d), (e), or (f), a |
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sale [Sale] or exchange [lease] of real property [land] shall be |
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made as provided by Sections 60.040-60.042 [60.039-60.042 of this
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code]. |
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(d) A district may donate, exchange, convey, sell, or lease |
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land, improvements, easements, or any other interests in real |
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property to an electric utility, as that term is defined by Section |
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31.002, Utilities Code, to promote a public purpose related to the |
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development of a district. The district shall determine the terms |
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and conditions of the transaction so as to: |
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(1) achieve the public purpose; and |
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(2) be consistent with the requirements of Title 2, |
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Utilities Code. |
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(e) A district may donate, exchange, convey, sell, or lease |
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a real property interest under Subsection (d) for less than its fair |
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market value and without complying with the notice and bidding |
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requirements of Sections 60.040-60.042. |
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(f) Narrow strips of real property resulting from boundary |
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or surveying conflicts or similar causes, or from insubstantial |
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encroachments by abutting real property owners, or real property of |
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larger configuration that has been subject to encroachments by |
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abutting real property owners for more than 25 years may be |
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abandoned, released, exchanged, or transferred to such abutting |
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owners on terms and conditions considered appropriate or |
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advantageous to the district. A district may convey real property |
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under this subsection for less than its fair market value and |
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without complying with the notice and bidding requirements of |
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Sections 60.040-60.042. |
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(g) A district may grant easements over, on, or under its |
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real property on terms and conditions the commission determines to |
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be advantageous to the district. |
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(h) The authority granted to a district by this section to |
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dispose of interests in real property is in addition to any |
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authority granted by Chapter 272, Local Government Code. |
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(i) Nothing in this section may be construed to affect the |
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application by the Parks and Wildlife Department of a statute or |
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rule governing the taking, conservation, or protection of marine |
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wildlife, including the authority of the department to issue oyster |
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leases to individuals and private entities for the purpose of |
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bedding, harvesting, and selling oysters consistent with Sections |
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1.011(d) and 12.001(a), Parks and Wildlife Code, and Chapter 76, |
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Parks and Wildlife Code. |
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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, 2017. |