Bill Text: TX HB4541 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the authority of the Texas Facilities Commission over certain real property owned by the state.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB4541 Detail]
Download: Texas-2019-HB4541-Introduced.html
Bill Title: Relating to the authority of the Texas Facilities Commission over certain real property owned by the state.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB4541 Detail]
Download: Texas-2019-HB4541-Introduced.html
By: Cyrier | H.B. No. 4541 |
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relating to the authority over certain real property by the Texas | ||
Facilities Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2166.052, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (d) to read as | ||
follows: | ||
(a) The commission, as provided by law and by legislative | ||
appropriation, may: | ||
(1) acquire necessary real and personal property and | ||
modernize, remodel, build, or equip buildings for state purposes; | ||
and | ||
(2) contract as necessary to accomplish these | ||
purposes. | ||
(b) The commission may not sell or otherwise dispose of real | ||
property of the state located in the Capitol Complex as defined by | ||
Section 411.061 (a) (1) Government Code, except by specific | ||
authority: | ||
(1) granted by the legislature if the legislature is | ||
in session; or | ||
(2) granted jointly by the governor and the | ||
Legislative Budget Board if the legislature is not in session. | ||
(c) The commission may enter into a contract with the City | ||
of Austin to govern the transfer, sale, or exchange of real property | ||
and interests in real property, including the vacation of street | ||
rights-of-way, easements, and other interests, as necessary or | ||
advantageous to both parties. The agreement may provide for the | ||
transfer, sale, or exchange by one party in favor of the other for a | ||
reasonable value established by the parties and may provide for a | ||
transfer, sale, or exchange to be credited against future property | ||
or interests to be transferred, sold, or exchanged between the | ||
parties. Section 272.001, Local Government Code, does not apply to | ||
a transaction governed by this section. | ||
(d) the commission may lease real property, including | ||
improvements. | ||
(e) The commission may not sell or otherwise dispose of real | ||
property of the state, not located in the Capitol Complex except by | ||
specific authority: | ||
(1) granted by the legislature if the legislature is | ||
in session; or | ||
(2) through formal notification of the governor and | ||
the Legislative Budget Board if the legislature is not in session. | ||
(A) The commission, when contemplating a sale of | ||
real property, shall submit to the governor and legislative budget | ||
board, a formal notification of their intent. The governor may | ||
provide written notice of disapproval under this section not later | ||
than the 90th day after the governor receives the written | ||
notification. | ||
(B) The commission shall send a copy of any | ||
formal notification, of the intent to sell real property to the | ||
state senator and state representative where the property is | ||
located, on any formal notification to the governor of intent to | ||
sell real property. | ||
(f) If requested by the commission, the General Land Office | ||
shall negotiate and close a sale of real property under this section | ||
on behalf of the commission using procedures under Section | ||
31.158(c), Natural Resources Code, except that the General Land | ||
Office is not required to offer the School Land Board the first | ||
option to purchase the real property. | ||
(g) The grant of an interest in real property owned by the | ||
state under this section must be conveyed by an instrument signed by | ||
the executive director of the commission and the by the governor. | ||
(h) revenue from the lease, sale, or other disposition of | ||
real property under this section shall be deposited into the Texas | ||
Capital Trust Fund and shall be dedicated to the acquisition, | ||
construction, repair, and improvement of facilities. | ||
(i) reasonable expenses related to conducting a real estate | ||
transaction under this section, including the payment of brokerage | ||
fees, may be deducted from the proceeds of the transaction before | ||
the proceeds are deposited to the Texas Capital Trust Fund. | ||
SECTION 2. This Act takes effect September 1, 2019. |