| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the disposition of real property interests by |
|
|
navigation districts and port authorities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 60.038, Water Code, is |
|
|
amended to read as follows: |
|
|
Sec. 60.038. DISPOSITION [SALE OR LEASE] OF INTERESTS IN |
|
|
REAL PROPERTY [LAND]. |
|
|
SECTION 2. Section 60.038, Water Code, is amended by |
|
|
amending Subsections (a), (b), and (c) and adding Subsections (e), |
|
|
(f), and (g) to read as follows: |
|
|
(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 former |
|
|
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 (e), before [Before] a |
|
|
district may sell or exchange real property [land], the commission |
|
|
shall determine by resolution that the real property [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 (e), (f), or (g), a |
|
|
sale [Sale] or exchange [lease] of real property [land] shall be |
|
|
made as provided by Sections 60.040, 60.041, and 60.042 |
|
|
[60.039-60.042 of this code]. |
|
|
(e) 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, or a telecommunications utility, as that |
|
|
term is defined by Section 51.002, Utilities Code, to promote a |
|
|
public purpose related to the development of the 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. |
|
|
(f) A district may donate, exchange, convey, sell, or lease |
|
|
a real property interest under Subsection (e) for less than its fair |
|
|
market value and without complying with the notice and bidding |
|
|
requirements of Sections 60.040, 60.041, and 60.042. |
|
|
(g) 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, 60.041, and 60.042. |
|
|
SECTION 3. 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, 2023. |