By: Blanco  S.B. No. 543
         (In the Senate - Filed January 20, 2023; February 17, 2023,
  read first time and referred to Committee on Natural Resources &
  Economic Development; April 17, 2023, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 7,
  Nays 0; April 17, 2023, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 543 By:  Blanco
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the conveyance of property by a municipality for the
  public purpose of economic development.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 253, Local Government Code, is amended
  by adding Section 253.0125 to read as follows:
         Sec. 253.0125.  CONVEYANCE TO CERTAIN ENTITIES FOR ECONOMIC
  DEVELOPMENT PURPOSES. (a) This section applies only to an entity
  and a municipality that have entered into an economic development
  agreement authorized by Chapter 380.
         (b)  Notwithstanding Section 253.008 or 272.001(a) or other
  law and except as provided by Subsection (d), a municipality may
  transfer to an entity real property or an interest in real property
  for consideration described by this section.
         (c)  Consideration for a transfer authorized by this section
  is in the form of an agreement between the parties that requires the
  entity to use the property in a manner that primarily promotes a
  public purpose of the municipality relating to economic
  development. The agreement must include provisions under which the
  municipality is granted sufficient control to ensure that the
  public purpose is accomplished and the municipality receives the
  return benefit.
         (d)  A municipality may not transfer for consideration
  authorized by this section real property or an interest in real
  property the municipality owns, holds, or claims as a public square
  or park.
         (e)  Before a municipality may transfer real property or an
  interest in real property under an agreement as provided by this
  section, the municipality must provide notice to the public
  published in a newspaper of general circulation in the county in
  which the property is located or, if there is no such newspaper, by
  any means for the municipality to provide public notice authorized
  by statute or by ordinance of the municipality. The notice must:
               (1)  include a description of the property, including
  its location;
               (2)  be provided within 10 days before the date the
  property or an interest in the property is transferred; and
               (3)  be published for two separate days within the
  period prescribed by Subdivision (2), if the notice is published in
  a newspaper.
         (f)  A municipality may not transfer real property for
  consideration described by this section if the property was
  acquired by the municipality from the previous owner by the
  exercise of eminent domain authority or the threat of the exercise
  of eminent domain authority.
         (g)  This section does not constitute a grant or expansion of
  eminent domain authority.
         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, 2023.
 
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