Bill Text: TX HB1511 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the disposition of real property interests by navigation districts and port authorities.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-05-05 - Laid on the table subject to call [HB1511 Detail]
Download: Texas-2023-HB1511-Comm_Sub.html
88R16320 MP-F | |||
By: Perez | H.B. No. 1511 | ||
Substitute the following for H.B. No. 1511: | |||
By: Ordaz | C.S.H.B. No. 1511 |
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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 [ |
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REAL PROPERTY [ |
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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 [ |
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whether the real property was [ |
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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 [ |
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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 [ |
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district may sell or exchange real property [ |
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shall determine by resolution that the real property [ |
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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 [ |
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made as provided by Sections 60.040, 60.041, and 60.042 | ||
[ |
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(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. |