85R26129 SLB-F
  By: Faircloth H.B. No. 2499
  Substitute the following for H.B. No. 2499:
  By:  Herrero C.S.H.B. No. 2499
  relating to the disposition of real property interests by
  navigation districts and port authorities.
         SECTION 1.  Section 60.038, Water Code, is amended to read as
  REAL PROPERTY [LAND]. (a) A district may sell, exchange, or lease
  real property or any interest in real property [all or any part of
  land] owned by it, whether the real property was [land is] acquired
  by gift or purchase, in settlement of any litigation, controversy,
  or claim in behalf of the district, or in any other manner, except
  that lands or flats heretofore purchased from the State of Texas
  under Article 8225, Revised Civil Statutes of Texas, 1925, or
  granted by the State of Texas in any general or special act, may be
  sold only to the State of Texas or exchanged with the State of Texas
  for other lands or exchanged for adjacent littoral land as
  authorized by Section 61.117 [of this code]. The district may
  impose restrictions on the development, use, and transfer of any
  real property or interest in real property in connection with its
  sale or exchange under this section.
         (b)  Except as provided by Subsection (d), before [Before] a
  district may sell or exchange real property [land], the commission
  shall determine by resolution that the land is no longer needed for
  use by the district in connection with the development of a
  navigation project.
         (c)  Except as provided by Subsection (d), (e), or (f), a
  sale [Sale] or exchange [lease] of real property [land] shall be
  made as provided by Sections 60.040-60.042 [60.039-60.042 of this
         (d)  A district may donate, exchange, convey, sell, or lease
  land, improvements, easements, or any other interests in real
  property to an electric utility, as that term is defined by Section
  31.002, Utilities Code, to promote a public purpose related to the
  development of a district. The district shall determine the terms
  and conditions of the transaction so as to:
               (1)  achieve the public purpose; and
               (2)  be consistent with the requirements of Title 2,
  Utilities Code.
         (e)  A district may donate, exchange, convey, sell, or lease
  a real property interest under Subsection (d) for less than its fair
  market value and without complying with the notice and bidding
  requirements of Sections 60.040-60.042.
         (f)  Narrow strips of real property resulting from boundary
  or surveying conflicts or similar causes, or from insubstantial
  encroachments by abutting real property owners, or real property of
  larger configuration that has been subject to encroachments by
  abutting real property owners for more than 25 years may be
  abandoned, released, exchanged, or transferred to such abutting
  owners on terms and conditions considered appropriate or
  advantageous to the district. A district may convey real property
  under this subsection for less than its fair market value and
  without complying with the notice and bidding requirements of
  Sections 60.040-60.042.
         (g)  A district may grant easements over, on, or under its
  real property on terms and conditions the commission determines to
  be advantageous to the district.
         (h)  The authority granted to a district by this section to
  dispose of interests in real property is in addition to any
  authority granted by Chapter 272, Local Government Code.
         (i)  Nothing in this section may be construed to affect the
  application by the Parks and Wildlife Department of a statute or
  rule governing the taking, conservation, or protection of marine
  wildlife, including the authority of the department to issue oyster
  leases to individuals and private entities for the purpose of
  bedding, harvesting, and selling oysters consistent with Sections
  1.011(d) and 12.001(a), Parks and Wildlife Code, and Chapter 76,
  Parks and Wildlife Code.
         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, 2017.