Bill Text: TX HB1053 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the administration, powers, and duties of certain navigation districts; authorizing the imposition of a tax.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [HB1053 Detail]
Download: Texas-2019-HB1053-Comm_Sub.html
Bill Title: Relating to the administration, powers, and duties of certain navigation districts; authorizing the imposition of a tax.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [HB1053 Detail]
Download: Texas-2019-HB1053-Comm_Sub.html
86R9658 SLB-D | |||
By: Guillen | H.B. No. 1053 | ||
Substitute the following for H.B. No. 1053: | |||
By: Martinez | C.S.H.B. No. 1053 |
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relating to the disposition of real property interests by the | ||
Willacy County Navigation District. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 404, Acts of the 53rd Legislature, | ||
Regular Session, 1953, is amended by adding Section 11 to read as | ||
follows: | ||
Sec. 11. (a) The District may sell, exchange, or lease | ||
real property or any interest in real property owned by it, whether | ||
the real property was acquired 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 former 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, Water Code. The District may 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) of this section, | ||
before the District may sell or exchange real property, the Board | ||
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) of | ||
this section, a sale or exchange of real property shall be made as | ||
provided by Sections 60.040-60.042, Water Code. | ||
(d) The 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, or a telecommunications utility, as that | ||
term is defined by Section 51.002, Utilities Code, to promote a | ||
public purpose related to the development of the 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) The District may donate, exchange, convey, sell, or | ||
lease a real property interest under Subsection (d) of this section | ||
for less than its fair market value and without complying with the | ||
notice and bidding requirements of Sections 60.040-60.042, Water | ||
Code. | ||
(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. The 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, Water Code. | ||
(g) The District may grant easements over, on, or under its | ||
real property on terms and conditions the Board determines to be | ||
advantageous to the District. | ||
(h) The authority granted to the District by this section to | ||
dispose of interests in real property is in addition to any | ||
authority granted by Chapter 272, Local Government Code, and a | ||
disposition of an interest in real property under this section is | ||
exempt from the notice, bidding, and other requirements of Chapter | ||
272, Local Government 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, 2019. |