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A BILL TO BE ENTITLED
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AN ACT
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relating to a study regarding the feasibility of creating a |
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mechanism by which a governmental entity could acquire small |
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parcels of real property in an area and convey them to a developer |
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in order to ensure the property is developed in compliance with |
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model subdivision rules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The General Land Office, in cooperation with |
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the secretary of state, the commissioners court of the county, and |
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the colonia ombudsperson in the county, if applicable, shall |
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conduct a study of the feasibility of establishing a mechanism by |
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which a governmental entity could: |
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(1) acquire contiguous small parcels of real property |
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that: |
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(A) have nominal value; and |
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(B) are located in a county that has a population |
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of more than 800,000 and is located on the international border; |
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(2) combine the properties described by Subdivision |
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(1) of this subsection in a manner that makes the properties |
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marketable for development; and |
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(3) convey the properties described by Subdivision (1) |
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of this subsection for development in a manner that complies with |
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standards prescribed by model subdivision rules adopted under |
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Section 16.343, Water Code. |
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(b) The study conducted under this section must: |
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(1) establish methods for identifying property that is |
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suitable for acquisition; |
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(2) establish methods for identifying owners of |
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property that is considered suitable for acquisition; |
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(3) establish methods for notifying the owners of the |
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owners' tax obligations; |
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(4) identify appropriate methods of acquiring, |
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holding title to, and conveying the property and include an |
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analysis of the appropriateness of acquiring the property through |
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the use of a land trust, land bank, or other mechanism; |
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(5) identify appropriate methods of compensating the |
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owners of the property acquired; |
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(6) identify any appropriate land use or development |
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requirements or restrictions for the property; and |
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(7) identify any legislative action necessary to |
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facilitate the establishment of a mechanism described by this |
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section. |
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(c) In identifying appropriate methods of acquiring title |
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to property under Subsection (b) of this section, the study may not |
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consider and the report required by Subsection (e) of this section |
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may not recommend the exercise of the power of eminent domain. |
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(d) In assessing the feasibility of using a land bank to |
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acquire, hold title to, and convey property under Subsection (b) of |
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this section, the study must: |
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(1) determine the legality of an economic development |
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corporation participating in a land bank; |
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(2) address the feasibility of expediting the process |
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for a land bank to purchase properties on which the taxes are |
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delinquent; and |
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(3) identify an appropriate state agency capable of |
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providing administrative or personnel assistance to a governmental |
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entity attempting to: |
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(A) identify owners of property that is |
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considered suitable for acquisition by a land bank and notify those |
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owners of the owners' tax obligations; |
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(B) combine properties in a manner that makes the |
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properties marketable for development; and |
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(C) convey the properties for development in a |
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manner that complies with standards prescribed by model subdivision |
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rules adopted under Section 16.343, Water Code. |
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(e) Not later than December 1, 2022, the General Land Office |
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shall provide to the legislature a report containing the results of |
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the study conducted under this section. |
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SECTION 2. The General Land Office is required to implement |
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this Act only if the office receives donations to cover the cost of |
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conducting the study required by Section 1 of this Act in an amount |
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sufficient for that purpose. |
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SECTION 3. 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, 2021. |