Bill Text: TX HB2499 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the disposition of real property interests by navigation districts and port authorities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-10 - Committee report sent to Calendars [HB2499 Detail]
Download: Texas-2017-HB2499-Comm_Sub.html
85R26129 SLB-F | |||
By: Faircloth | H.B. No. 2499 | ||
Substitute the following for H.B. No. 2499: | |||
By: Herrero | C.S.H.B. No. 2499 |
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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. 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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real property or any interest in real property [ |
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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 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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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 (d), before [ |
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district may sell or exchange real property [ |
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shall determine by resolution that the 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 (d), (e), or (f), a | ||
sale [ |
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made as provided by Sections 60.040-60.042 [ |
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(d) 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, to promote a public purpose related to the | ||
development of a 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. | ||
(e) A district may donate, exchange, convey, sell, or lease | ||
a real property interest under Subsection (d) for less than its fair | ||
market value and without complying with the notice and bidding | ||
requirements of Sections 60.040-60.042. | ||
(f) 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 60.040-60.042. | ||
(g) A district may grant easements over, on, or under its | ||
real property on terms and conditions the commission determines to | ||
be advantageous to the district. | ||
(h) The authority granted to a district by this section to | ||
dispose of interests in real property is in addition to any | ||
authority granted by Chapter 272, Local Government Code. | ||
(i) Nothing in this section may be construed to affect the | ||
application by the Parks and Wildlife Department of a statute or | ||
rule governing the taking, conservation, or protection of marine | ||
wildlife, including the authority of the department to issue oyster | ||
leases to individuals and private entities for the purpose of | ||
bedding, harvesting, and selling oysters consistent with Sections | ||
1.011(d) and 12.001(a), Parks and Wildlife Code, and Chapter 76, | ||
Parks and Wildlife Code. | ||
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. |