Bill Text: TX HB3229 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the conveyance of property by a municipality for the public purpose of economic development.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-19 - Referred to Urban Affairs [HB3229 Detail]
Download: Texas-2021-HB3229-Introduced.html
87R1800 NC-D | ||
By: Moody | H.B. No. 3229 |
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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) of this | ||
section, 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 transfer under this section real | ||
property that 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 only 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, 2021. |