Bill Text: TX SB1774 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the conveyance of certain real property by certain navigation districts.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2021-05-26 - Effective immediately [SB1774 Detail]
Download: Texas-2021-SB1774-Enrolled.html
S.B. No. 1774 |
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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). | ||
(d) A district may not sell land under this section to an | ||
entity that presents an undue security or safety risk to this state | ||
because of potential sabotage to or subversion of the integrity, | ||
operation, or maintenance of a ship channel or waterway of this | ||
state. | ||
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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1774 passed the Senate on | ||
April 19, 2021, by the following vote: Yeas 30, Nays 1; and that | ||
the Senate concurred in House amendment on May 13, 2021, by the | ||
following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1774 passed the House, with | ||
amendment, on May 6, 2021, by the following vote: Yeas 142, Nays 0, | ||
two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |