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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 the |
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Willacy County Navigation District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 404, Acts of the 53rd Legislature, |
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Regular Session, 1953, is amended by adding Section 11 to read as |
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follows: |
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Sec. 11. (a) The District may sell, exchange, or lease |
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real property or any interest in real property owned by it, whether |
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the real property was acquired by gift or purchase, in settlement of |
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any litigation, controversy, or claim in behalf of the District, or |
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in any other manner, except that lands or flats heretofore |
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purchased from the State of Texas under former Article 8225, |
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Revised Civil Statutes of Texas, 1925, or granted by the State of |
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Texas in any general or special act, may be sold only to the State of |
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Texas or exchanged with the State of Texas for other lands or |
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exchanged for adjacent littoral land as authorized by Section |
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61.117, Water Code. The District may impose restrictions on the |
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development, use, and transfer of any real property or interest in |
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real property in connection with its sale or exchange under this |
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section. |
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(b) Except as provided by Subsection (d) of this section, |
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before the District may sell or exchange real property, the Board |
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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) of |
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this section, a sale or exchange of real property shall be made as |
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provided by Sections 60.040-60.042, Water Code. |
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(d) The District may donate, exchange, convey, sell, or |
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lease 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, or a telecommunications utility, as that |
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term is defined by Section 51.002, Utilities Code, to promote a |
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public purpose related to the development of the District. The |
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District shall determine the terms and conditions of the |
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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) The District may donate, exchange, convey, sell, or |
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lease a real property interest under Subsection (d) of this section |
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for less than its fair market value and without complying with the |
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notice and bidding requirements of Sections 60.040-60.042, Water |
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Code. |
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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. The District may convey real |
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property under this subsection for less than its fair market value |
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and without complying with the notice and bidding requirements of |
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Sections 60.040-60.042, Water Code. |
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(g) The District may grant easements over, on, or under its |
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real property on terms and conditions the Board determines to be |
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advantageous to the District. |
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(h) The authority granted to the 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, and a |
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disposition of an interest in real property under this section is |
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exempt from the notice, bidding, and other requirements of Chapter |
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272, Local Government 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, 2019. |