Bill Text: TX HB3713 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the conveyance of certain real property by certain navigation districts.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-05-05 - Laid on the table subject to call [HB3713 Detail]
Download: Texas-2021-HB3713-Comm_Sub.html
| 87R19405 MP-D | |||
| By: Canales, Cain, Craddick, Perez, | H.B. No. 3713 | ||
| Thompson of Brazoria | |||
| Substitute the following for H.B. No. 3713: | |||
| By: Martinez | C.S.H.B. No. 3713 | ||
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| relating to the conveyance of certain real property by certain | ||
| navigation districts. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 60, Water Code, is amended | ||
| by adding Section 60.0381 to read as follows: | ||
| Sec. 60.0381. CONVEYANCE OF LAND BY CERTAIN NAVIGATION | ||
| DISTRICTS. (a) This section applies only to: | ||
| (1) a district that controls a ship channel or | ||
| waterway that is the subject of a project that has been authorized | ||
| or modified by the United States Congress in the Water Resources | ||
| Development Act of 2016 (Pub. L. No. 114-322, Title I, 130 Stat. | ||
| 1632) or the Water Resources Development Act of 2020 (Pub. L. No. | ||
| 116-260, Div. AA, 134 Stat. 2615); and | ||
| (2) a lease entered into before the effective date of | ||
| the Act enacting this section. | ||
| (b) Notwithstanding any other provision of law, including | ||
| Section 5007.004, Special District Local Laws Code, to the extent | ||
| that a district has entered into a surface lease with an original | ||
| term of at least 20 years, the district may sell the land, | ||
| improvements, easements, and any other interests in the real | ||
| property or any part of the real property to the surface lease | ||
| counterparty according to this section. The land, improvements, | ||
| easements, and any other interests in real property may be conveyed | ||
| by the district to the surface lease counterparty, without | ||
| complying with the notice and bidding or other requirements of | ||
| Sections 60.040-60.042. The sale must be: | ||
| (1) approved by the port commission; | ||
| (2) executed by the chair of the port commission; | ||
| (3) attested by the executive director of the | ||
| district; and | ||
| (4) made for an amount that is not less than the | ||
| reasonable market value of the land, improvements paid for by the | ||
| district, easements, or other interest in real property, as | ||
| applicable, at the time of contracting for the sale. | ||
| (c) Money received from the sale of real property as | ||
| described by this section in excess of the sum of the reasonable | ||
| market value of the property and the amount of rent due for the | ||
| unexpired term of the surface lease may be used only for the purpose | ||
| of a project that has been authorized or modified by the United | ||
| States Congress in the Water Resources Development Act of 2016 | ||
| (Pub. L. No. 114-322, Title I, 130 Stat. 1632) or the Water | ||
| Resources Development Act of 2020 (Pub. L. No. 116-260, Div. AA, 134 | ||
| Stat. 2615). | ||
| 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. | ||
