Bill Text: TX HB1352 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the conveyance of property by a municipality for the public purpose of economic development.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2017-05-01 - Referred to Natural Resources & Economic Development [HB1352 Detail]
Download: Texas-2017-HB1352-Engrossed.html
| By: Pickett, Ortega, Moody, Blanco | H.B. No. 1352 | |
|
|
||
|
|
||
| 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 OF PROPERTY 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, a municipality, except as provided by Subsection (d), 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 making a transfer under an agreement as provided | ||
| by this section, the municipality shall provide notice to the | ||
| general 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 real 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 real 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. The prohibition provided by this | ||
| subsection does not apply if: | ||
| (1) the municipality offers the previous owner an | ||
| opportunity to repurchase the real property at the current market | ||
| value and the previous owner declines the offer; or | ||
| (2) the municipality cannot locate the previous owner | ||
| with reasonable effort. | ||
| (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, 2017. | ||
