Bill Text: TX HB243 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the authority of a community center that provides mental health or mental retardation services to sell certain real property of the center.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2013-06-14 - Effective immediately [HB243 Detail]
Download: Texas-2013-HB243-Enrolled.html
| H.B. No. 243 | ||
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| relating to the authority of a community center that provides | ||
| mental health or mental retardation services to sell certain real | ||
| property of the center. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 534, Health and Safety | ||
| Code, is amended by adding Section 534.023 to read as follows: | ||
| Sec. 534.023. SALE OF REAL PROPERTY ACQUIRED SOLELY THROUGH | ||
| PRIVATE GIFT OR GRANT. (a) Except as provided by Subsection (d), a | ||
| community center may sell center real property, including a | ||
| building, without the approval of the department or any local | ||
| agency that appoints members to the board of trustees, only if the | ||
| real property was acquired solely through a gift or grant of money | ||
| or real property from a private entity, including an individual. | ||
| (b) A community center that acquires real property by gift | ||
| or grant shall, on the date the center acquires the gift or grant, | ||
| notify the private entity providing the gift or grant that: | ||
| (1) the center may subsequently sell the real | ||
| property; and | ||
| (2) the sale is subject to the provisions of this | ||
| section. | ||
| (c) Except as provided by Subsection (d), real property sold | ||
| under Subsection (a) must be sold for the property's fair market | ||
| value. | ||
| (d) Real property sold under Subsection (a) may be sold for | ||
| less than fair market value only if the board of trustees adopts a | ||
| resolution stating: | ||
| (1) the public purpose that will be achieved by the | ||
| sale; and | ||
| (2) the conditions and circumstances for the sale, | ||
| including conditions to accomplish and maintain the public purpose. | ||
| (e) A community center must notify the department and each | ||
| local agency that appoints members to the board of trustees not | ||
| later than the 31st day before the date the center enters into a | ||
| binding obligation to sell real property under this section. The | ||
| commissioner, on request, may waive the 30-day notice requirement | ||
| on a case-by-case basis. | ||
| (f) The board shall adopt rules relating to the notification | ||
| process. | ||
| (g) A community center may use proceeds received from a sale | ||
| of real property under this section only for a purpose authorized by | ||
| this subchapter or for a public purpose authorized for a community | ||
| center by state or federal law. | ||
| 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, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 243 was passed by the House on April | ||
| 3, 2013, by the following vote: Yeas 147, Nays 0, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 243 on May 16, 2013, by the following vote: Yeas 142, Nays 0, 2 | ||
| present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 243 was passed by the Senate, with | ||
| amendments, on May 15, 2013, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
