NATURAL RESOURCES CODE
SUBTITLE C. ADMINISTRATION
CHAPTER 31. GENERAL LAND OFFICE
SUBCHAPTER A. GENERAL PROVISIONS
§ 31.001. DEFINITIONS. In this chapter:
(1) "Appraiser" means a state-certified or
state-licensed real estate appraiser who:
(A) is employed by or contracts with the land
office; and
(B) performs professional valuation services
completely and in a manner that is independent, impartial, and
objective.
(2) "Board" means the School Land Board.
(3) "Commissioner" means the Commissioner of the
General Land Office.
(4) "Division" means the asset management division of
the General Land Office or any other division delegated the duties
of the asset management division by the commissioner.
(5) "Evaluation report" means the annual report
prepared by the commissioner as provided by Subchapter E.
(6) "Exchange" means an exchange of equal value or an
exchange of real property accompanied by consideration.
(7) "Governor's report" means the report prepared by
the commissioner as provided by Section 31.157.
(8) "Institution of higher education" means the Texas
State Technical College System, the Southwest Collegiate Institute
for the Deaf, or an institution of higher education, excluding a
public junior college, as defined by Section 61.003, Education
Code.
(9) "Land office" means the General Land Office.
(10) "Market value" means the value of real property
determined by an appraisal of the real property performed by an
appraiser.
(11) "Political subdivision" means a municipality,
county, public school district, levee improvement district,
municipal utility district, or any other special purpose district
authorized by state law.
(12) "Real estate transaction" means a sale, lease,
trade, exchange, gift, grant, or other conveyance of a real
property interest.
(13) "Real property owned by the state" means any
interest in real property in the possession of the state or a state
agency, including real property held in trust by a state agency.
(14) "State" means the State of Texas.
(15) "State agency" means a board, commission,
department, institution, office, or other agency of state
government, including an institution of higher education but
excluding a special purpose district or authority.
Acts 1977, 65th Leg., p. 2370, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 1091, § 1, eff. June
20, 2003.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 31.011. LAND OFFICE ESTABLISHED. There shall be one
General Land Office located in Austin, which shall register all
land titles emanating from the state if not prohibited by the
constitution.
Acts 1977, 65th Leg., p. 2371, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 31.012. COMMISSIONER'S ELECTION; RESIDENCE. The
commissioner shall be elected at a general election for a term of
four years and shall reside in Austin during his term of office.
Acts 1977, 65th Leg., p. 2371, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 31.013. BONDS. (a) Repealed by Acts 2003, 78th Leg.,
ch. 285, § 31(27).
(b) Any bonds required by law to be executed by employees of
the land office shall be executed and approved in the manner
provided for the commissioner in Subsection (a) of this section.
The land office shall pay the expenses necessary and incidental to
the execution of the bonds.
Acts 1977, 65th Leg., p. 2371, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 285, 31(27), eff. Sept.
1, 2003; Acts 2003, 78th Leg., ch. 1091, § 2, eff. June 20, 2003.
§ 31.014. COMMISSIONER'S LIABILITY.. The commissioner
and a surety on a bond authorized under Chapter 653, Government
Code, are responsible to any person who is injured by removal,
withdrawal, or alteration of any record or file in the land office,
unless the commissioner is able to show that the act has taken place
with the permission of the person owning the file or record.
Acts 1977, 65th Leg., p. 2371, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 285, § 20, eff. Sept.
1, 2003.
§ 31.015. CHIEF CLERK. (a) The commissioner shall
appoint a chief clerk.
(b) The chief clerk may perform any of the duties of the
commissioner if the commissioner is sick, is absent, dies, or
resigns.
Acts 1977, 65th Leg., p. 2371, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 285, § 21, eff. Sept.
1, 2003.
§ 31.016. ABSTRACT CLERK. The commissioner shall
designate one of his clerks as the abstract clerk and shall assign
to him the special duty to correct the abstracts of patented,
titled, and surveyed real property required to be kept in the land
office to reflect errors, changes caused by cancellation of patents
and in county lines, and the creation of new counties and to add new
patented surveys on the date they are patented.
Acts 1977, 65th Leg., p. 2371, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 1091, § 3, eff. June
20, 2003.
§ 31.017. RECEIVER. (a) With the consent of the
governor, the commissioner shall appoint a suitable person to serve
as receiver for the land office.
(b) The receiver shall execute a bond for $25,000.
Acts 1977, 65th Leg., p. 2371, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 285, § 31(28), eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1091, § 3, eff. June 20,
2003.
§ 31.018. TRANSLATOR. (a) The commissioner shall
appoint a translator who thoroughly understands the Spanish and
English languages.
(b) The translator shall take the official oath.
(c) The translator shall translate into English any laws and
public contracts relating to titles to real property and any
original titles or papers which are written in the Spanish language
and which are filed in the land office.
Acts 1977, 65th Leg., p. 2371, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 285, § 22, eff. Sept.
1, 2003; Acts 2003, 78th Leg., ch. 1091, § 4, eff. June 20, 2003.
§ 31.019. SURVEYORS. (a) The commissioner shall
appoint a chief surveyor and as many assistant surveyors as
authorized by law.
(b) The chief surveyor and the chief surveyor's assistant
surveyors shall draw and complete county maps.
(c) The chief surveyor and the chief surveyor's assistant
surveyors shall perform drafting and other duties required by the
commissioner for the benefit of the state or individuals.
Acts 1977, 65th Leg., p. 2371, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 1091, § 5, eff. June
20, 2003.
§ 31.021. REIMBURSEMENT FOR NOTARY PUBLIC EXPENSE. The
land office may reimburse an employee for the fees and costs of a
bond that are required for appointment as a notary public if the
employee provides notary public service as part of the employee's
duties with the land office.
Added by Acts 1979, 66th Leg., p. 70, ch. 45, § 1, eff. April 11,
1979.
SUBCHAPTER C. POWERS AND DUTIES
§ 31.051. GENERAL DUTIES. The commissioner shall:
(1) superintend, control, and direct the official
conduct of subordinate officers of the land office;
(2) execute and perform all acts and other things
relating to public real property of the state or rights of
individuals in public real property which is required by law;
(3) make and enforce suitable rules consistent with
the law; and
(4) give information when required to the governor and
the legislature relating to public real property and the land
office.
Acts 1977, 65th Leg., p. 2372, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 1091, § 6, eff. June
20, 2003.
§ 31.052. CUSTODY OF RECORDS. (a) Books, accounts,
records, papers, maps, and original documents relating to real
property titles which are termed archives by law shall be the books
and papers of the land office under the control and custody of the
commissioner.
(b) The commissioner shall keep in the land office a copy of
each permit, lease, or other paper issued under law.
Acts 1977, 65th Leg., p. 2372, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 1091, § 7, eff. June
20, 2003.
§ 31.053. FILING PAPERS. (a) The commissioner shall
adopt the most convenient method for filing papers and preserving
records of the land office.
(b) A list of all papers in each file shall be retained in
the file.
(c) Each employee who files a paper shall place his name on
it.
Acts 1977, 65th Leg., p. 2372, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 31.054. PUBLIC ACCESS TO AND REMOVAL OF
PAPERS. (a) Any person who desires to examine any paper, record,
or file must make a written request on a form and according to
procedures prescribed by the commissioner. The commissioner may
establish procedures as reasonably necessary to maintain the
integrity of the records.
(b) No transfer or deed which may be a link in any chain of
title to any certificate on file in the land office may be removed
by any person, but the commissioner shall deliver to the interested
person on demand certified copies which shall have the same force
and effect as the originals.
(c) If the genuineness of any original paper is questioned
in a suit, the commissioner, on order of the court in which the suit
is pending, shall deliver the original paper to the proper person
and shall retain a certified copy of the paper which will have the
same force and effect as the original if the original is lost.
Acts 1977, 65th Leg., p. 2372, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 1091, § 8, eff. June
20, 2003.
§ 31.056. REVISION, COMPILATION, AND PRINTING OF
ABSTRACTS. (a) The commissioner shall prepare a revision and
compilation of the various volumes of the abstracts of patented,
titled, and surveyed real property which were previously made by
the land office.
(b) The various counties of the state shall be apportioned
into one of not more than eight districts for the purpose of
revising and compiling the abstracts and the abstracts of each of
the districts shall be compiled in a separate volume.
(c) The commissioner may distribute to the officers of the
state who require its use but have not previously received a set,
one complete set of the abstracts, as supplemented, of patented,
titled, and surveyed real property. The commissioner may
distribute to officers of counties who are required to use
abstracts copies of supplementary abstracts.
(d) The commissioner may provide the abstracts and
supplementary abstracts electronically.
(e) The commissioner may make available a sufficient number
of volumes and supplementary abstracts of patented, titled, and
surveyed real property to meet the demand.
(f) The land office shall pay the cost of the abstracts and
the supplementary abstracts from its appropriated funds.
(g) Copies of the abstracts and supplementary abstracts may
be sold at a reasonable price to any person who applies for a copy.
The commissioner shall deposit any money received from the sale of
surplus volumes and supplementary abstracts to the credit of the
General Revenue Fund.
Acts 1977, 65th Leg., p. 2373, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 1091, § 8, eff. June
20, 2003.
§ 31.058. RECEIVING FUNDS. (a) The receiver shall
receive funds required by law to be paid to the commissioner and on
request shall give to each person who deposits money a receipt
stating the amount, the name of the person, and a description of the
purpose of the remittance.
(b) If funds are received which are of a general character
in advance of fees and dues, it shall be stated.
(c) The receiver shall be responsible to the state or
individual for the funds.
Acts 1977, 65th Leg., p. 2373, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 1091, § 8, eff. June
20, 2003.
§ 31.059. RECEIVER'S BOOKS. (a) The receiver shall
keep books in which the following shall be entered:
(1) each deposit separately; and
(2) the name of the person.
(b) The receiver shall keep letters and other vouchers filed
in neat and regular order and number corresponding with the books of
the office.
(c) The receiver shall report to the comptroller and pay in
kind funds in the receiver's possession which are due to the state
in accordance with the Government Code.
(d) In the books of the office, the receiver shall keep
separate columns indicating the amount of funds paid.
(e) On removal from office or resignation, the receiver
shall turn over the books of the office, accounts, and money to the
appointed successor or to the commissioner and shall receive a
receipt for them.
Acts 1977, 65th Leg., p. 2373, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1997, 75th Leg., ch. 1423, § 14.01, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1091, § 8, eff. June 20,
2003.
§ 31.060. FINANCIAL REPORT. On or before the meeting of
the legislature, the commissioner shall prepare and furnish to the
governor a correct report of the condition of the office, including
the amount of money received, the type of claim, the amount of money
paid out, and the type of payment.
Acts 1977, 65th Leg., p. 2374, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 1091, § 8, eff. June
20, 2003.
§ 31.062. EMBEZZLEMENT. (a), (b) Repealed by Acts 2003,
78th Leg., ch. 1091, § 33(1).
(c) If the suspended clerk is found guilty of embezzlement,
the clerk shall be removed from office and a suit shall be
instituted to recover on a bond authorized under Chapter 653,
Government Code.
Acts 1977, 65th Leg., p. 2374, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 285, § 23, eff. Sept.
1, 2003; Acts 2003, 78th Leg., ch. 1091, § 33(1), eff. June 20,
2003.
§ 31.064. SETTING AND COLLECTING FEES. The
commissioner shall set and collect, for the use of the state,
reasonable fees in amounts for filing fees, preparation of
certificates of fact, certified copies, maps, reproduction of maps
and sketches, Spanish translations, patents and deeds of
acquittance, and for other miscellaneous services, including but
not limited to shipping in a mailing tube and typed transcriptions
or taped copies of tapes or other sound recordings, and any other
provided services and products.
Added by Acts 1983, 68th Leg., p. 405, ch. 81, § 21(m), eff.
Sept. 1, 1983. Amended by Acts 2003, 78th Leg., ch. 1091, § 9,
eff. June 20, 2003.
§ 31.065. AUTHORITY TO ACCEPT GIFTS, DEVISES, TRUSTS,
AND BEQUESTS. (a) In the absence of any law to the contrary, the
commissioner may, if he determines it to be in the best interest of
the state, accept gifts, devises, or bequests, either absolutely or
in trust, of money or real or personal property on behalf of the
state. Real property so acquired by the state becomes public free
school land unless the person making the gift, devise, or bequest
provides that the real property is to be possessed, administered,
or used by a particular state agency, board, commission,
department, or other particular state entity.
(b) Under Subsection (a) of this section, the commissioner
may accept a gift, devise, or bequest even if it is encumbered,
restricted, or subject to a beneficial interest of private persons
or corporations as long as any current or future use or interest in
the gift, devise, or bequest is for the benefit of the state.
(c) If the commissioner determines that the real property
acquired by the state by gift, devise, or bequest is not suitable
for the purpose for which the gift, devise, or bequest was
originally made, the commissioner together with the agency, board,
commission, department, or other state entity designated to
possess, administer, or use the real property may exchange the real
property for real property that is suitable for such purpose.
Added by Acts 1987, 70th Leg., ch. 208, § 6, eff. Aug. 31, 1987.
Amended by Acts 2003, 78th Leg., ch. 1091, § 10, eff. June 20,
2003.
§ 31.0655. STATE EMPLOYEE CONTRIBUTIONS TO
ADOPT-A-MAP/ADOPT-A-DOCUMENT PROGRAM. For purposes of Subchapter
I, Chapter 659, Government Code:
(1) the land office, for the sole purpose of managing
the Adopt-A-Map/Adopt-A-Document Program, is considered an
eligible charitable organization entitled to participate in the
state employee charitable campaign; and
(2) a state employee is entitled to authorize a
deduction for contributions to the land office for the purposes of
managing the Adopt-A-Map/Adopt-A-Document Program as a charitable
contribution under Section 659.132, Government Code, and the land
office may use the contributions for the purpose of preserving
historic maps and documents under that program.
Added by Acts 2003, 78th Leg., ch. 36, § 1, eff. May 14, 2003.
§ 31.066. AUTHORITY TO ACCEPT TITLE TO A SITE FOLLOWING
COMPLETION OF REMEDIAL ACTION IN ACCORDANCE WITH FEDERAL
LAW. (a) If it is necessary for the United States government to
acquire real property in this state to conduct remedial action at a
site listed on the National Priorities List under the federal
Comprehensive Environmental Response, Compensation and Liability
Act of 1980 (42 U.S.C. Section 9601 et seq.), the land office may
accept transfer on behalf of the state of the title and interest in
the real property from the United States government. The land
office may accept a transfer following completion of remedial
action at a site only on the condition that the state will not incur
any liability under that federal law solely by acquiring the title
and interest in the real estate.
(b) Following state assumption of ownership, the Texas
Commission on Environmental Quality shall provide for maintenance
of the real property, including necessary environmental
monitoring, consistent with terms of contracts and cooperative
agreements with the federal government entered in accordance with
the Water Code and Chapter 361, Health and Safety Code.
(c) Any title and interest in real property acquired by the
land office under this section shall be held in the name of the
state. Title or interest acquired under this section does not
become a part of the permanent school fund or any other fund created
by the Texas Constitution.
Added by Acts 1989, 71st Leg., ch. 507, § 1, eff. June 14, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, § 284(75), eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 76, § 11.262, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 1091, § 11, eff. June 20, 2003.
§ 31.067. AUTHORITY TO SELL CERTAIN AGENCY REAL
PROPERTY. The division is authorized to sell any real property
acquired on behalf of the state pursuant to Section 402.025,
Government Code. Sale of such real property shall be conducted in
accordance with the provisions of Section 31.158 of this code
unless otherwise provided by law. Proceeds of sale shall be
deposited in the General Revenue Fund as specified in Section
402.025, Government Code.
Added by Acts 1991, 72nd Leg., ch. 633, § 4, eff. Aug. 26, 1991.
Amended by Acts 2003, 78th Leg., ch. 1091, § 12, eff. June 20,
2003.
§ 31.0671. AGENCY AUTHORITY TO SELL OR EXCHANGE REAL
PROPERTY. Any state agency or political subdivision may directly
sell or exchange real property to which it holds title with the
School Land Board for the benefit of the permanent school fund if
the sale or exchange is for market value. Section 272.001, Local
Government Code, does not apply to an exchange under this section.
A political subdivision must provide the governor with advance
notice of a proposed sale or exchange under this section, which
notice must be sent to the governor at least 30 days before the
transaction may be effected. In addition, the governor may
disapprove any sale or exchange of real property by a state agency
under this section prior to the sale or exchange. The state agency
contemplating a sale or exchange under this section shall submit to
the governor a formal request for approval. The state agency may
conduct the sale or exchange unless the governor gives the state
agency written notice disapproving the sale or exchange. The
governor must provide written notice of disapproval under this
section not later than the 30th day after the date the governor
receives the written request for approval.
Added by Acts 2003, 78th Leg., ch. 1091, § 13, eff. June 20,
2003.
§ 31.0672. AUTHORITY TO CONDUCT CERTAIN REAL PROPERTY
TRANSACTIONS. (a) The division may directly sell to a political
subdivision any real property owned by the state that the
legislature has authorized or the governor has approved for sale
under Subchapter E if the commissioner determines the sale is in the
best interest of the state.
(b) The governor must approve any sale of real property
under this section. Failure of the governor to approve the sale
constitutes a veto of the transaction.
(c) A sale of real property under this chapter must be for
market value and under other terms and conditions the commissioner
determines to be in the best interest of the state.
Added by Acts 2003, 78th Leg., ch. 1091, § 13, eff. June 20,
2003.
§ 31.068. STANDING TO ENFORCE RESTRICTIONS. (a) The
commissioner and the attorney general have standing to enforce a:
(1) restrictive covenant affecting real property
owned by the permanent school fund or a state agency;
(2) restriction expressed in a transfer document or
legislative act conveying real property then owned by the state; or
(3) statutory restriction on the sale or lease of real
property patented or leased by the state to a navigation district,
including a restriction provided by Section 61.116 or 61.117, Water
Code.
(b) The attorney general, on the attorney general's own
initiative or at the request and on behalf of the commissioner, may
bring suit to enforce the rights of the state under this section.
(c) This section does not apply to:
(1) permanent university fund land; or
(2) other real property controlled or administered by
the board of regents of The University of Texas System.
Added by Acts 1997, 75th Leg., ch. 613, § 1, eff. June 11, 1997.
Amended by Acts 2003, 78th Leg., ch. 1091, § 14, eff. June 20,
2003.
SUBCHAPTER E. REAL PROPERTY ACCOUNTING AND MANAGEMENT
§ 31.153. REAL PROPERTY ACCOUNTING AND
RECORDS. (a) All real property owned by the state shall be
accounted for by the state agency that possesses the real property.
(b) Each state agency shall maintain a record of each item
of real property it possesses. The record must include the
following information and shall be furnished to the division:
(1) a description of each item of real property by
reference to a volume number, and page or image number or numbers of
the official public records of real property in a particular
county, or if not applicable, by a legal description;
(2) the date of purchase of the real property, if
applicable;
(3) the purchase price of the real property, if
applicable;
(4) the name of the state agency holding title to the
real property for the state;
(5) a description of the current uses of the real
property and of the projected future uses of the real property; and
(6) a description of each building or other
improvement located on the real property.
(c) If the description of real property required under this
section is excessively voluminous, the division may direct the
agency in possession of the real property to furnish the
description only in summary form, as agreed to by the division and
the state agency involved.
(d) Each state agency, annually at the time set by the
division, shall furnish the Texas Historical Commission with a
photograph and information that specifies and identifies the age of
each building:
(1) that was acquired by the agency after the date of
the preceding annual submission and that is at least 45 years old on
the date of the current submission; or
(2) that is possessed by the agency and has become 45
years old since the date the information was previously submitted.
(e) On request, each state agency shall provide the division
with any photographs and information furnished to the Texas
Historical Commission under this section.
Added by Acts 1985, 69th Leg., ch. 102, § 2, eff. May 15, 1985.
Amended by Acts 2003, 78th Leg., ch. 1091, § 15, eff. June 20,
2003.
§ 31.154. REAL PROPERTY INVENTORY. The division shall
review and keep inventory records of all real property owned by the
state. The division shall compile the inventory records from the
information submitted under Sections 31.153 and 31.155 of this
subchapter.
Added by Acts 1985, 69th Leg., ch. 102, § 2, eff. May 15, 1985.
Amended by Acts 2003, 78th Leg., ch. 1091, § 15, eff. June 20,
2003.
§ 31.155. SPECIAL STATUS OF CERTAIN AGENCIES. (a) The
division is not responsible for maintaining the inventory records,
as provided by Section 31.154, of the real property administered by
the Texas Department of Transportation, an institution of higher
education, the Employees Retirement System of Texas, or the Teacher
Retirement System of Texas. The agencies administering the real
property shall maintain those records.
(b) The Texas Department of Transportation, on the request
of the division, shall submit its real property inventory records
to the division. The real property inventory records of an
institution of higher education, the Employees Retirement System of
Texas, and the Teacher Retirement System of Texas, on the request of
the division, but not more than semiannually, shall be submitted to
the division for information purposes only. The division shall
maintain the inventory records of the former Texas National
Research Laboratory Commission, to the extent possible, and is
responsible for the disposal of any real property interests held by
the former commission as provided by Subchapter G.
(c) The division may review and verify the department's
records and make recommendations regarding the department's real
property, and the commissioner shall prepare a report involving the
department's real property to the same extent that the division and
commissioner perform these functions with regard to the records and
real property of other state agencies.
(d) The duty under this subchapter of the division to review
and verify real property records and to make recommendations
regarding real property and of the commissioner to prepare a report
involving real property does not apply to:
(1) the real property of an institution of higher
education;
(2) the real property that is part of a fund created or
specifically authorized by the constitution of this state and that
is administered by or with the assistance of the land office;
(3) the real property of the Employees Retirement
System of Texas; and
(4) the real property of the Teacher Retirement System
of Texas.
(e) The duties of the division to make recommendations
regarding real property and of the commissioner to prepare a report
involving real property under this subchapter do not apply to:
(1) the real property of the Texas Historical
Commission;
(2) the real property comprising the Alamo;
(3) the real property comprising the French Legation;
(4) the real property comprising the Governor's
Mansion;
(5) the real property comprising the Texas State
Cemetery, more specifically described as 17.376 acres located at
801 Comal, Lot 5, Division B, City of Austin, Travis County, Texas;
(6) the real property administered by the State
Preservation Board; and
(7) highway rights-of-way owned by the Texas
Department of Transportation.
Added by Acts 1985, 69th Leg., ch. 102, § 2, eff. May 15, 1985.
Amended by Acts 1991, 72nd Leg., ch. 582, § 15, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 633, § 6, eff. Aug. 26, 1991;
Acts 1995, 74th Leg., ch. 165, § 22(49), eff. Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 823, § 12, eff. Aug. 28, 1995; Acts
2003, 78th Leg., ch. 1091, § 15, eff. June 20, 2003.
§ 31.156. REAL PROPERTY REVIEW. (a) The division
shall review the real property inventory of each state agency not
less than every four years, and a review shall be made during the
calendar year before the agency is scheduled for abolition under
the Texas Sunset Act (Chapter 325, Government Code). The division
may verify the accuracy of inventory records provided by an agency.
(b) The division shall:
(1) identify real property owned or controlled by the
state that is not being used or is being substantially underused;
and
(2) make recommendations to the commissioner
regarding the use of the real property or a real estate transaction
involving the real property.
(c) The division's recommendations must include an analysis
of the highest and best use to which the real property may legally
be placed and shall also include alternative uses of the real
property addressing potential for commercial or agricultural lease
of the real property or any other real estate transaction or use
that the division may deem to be in the best interest of the state.
(d) The division shall submit to the commissioner any
information pertinent to the evaluation of a real estate
transaction involving the real property, including the market value
of the real property, current market conditions, and an evaluation
of any proposals received from private parties that would be of
significant benefit to the state.
(e) In any year that the division will evaluate real
property under the management and control of the adjutant general's
department or the Texas Military Facilities Commission, the
division shall notify the department and the commission before the
division begins the evaluation.
Added by Acts 1985, 69th Leg., ch. 102, § 2, eff. May 15, 1985.
Amended by Acts 1987, 70th Leg., ch. 167, § 2.20(39), eff. Sept.
1, 1987; Acts 1997, 75th Leg., ch. 907, § 2, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1021, § 15, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 1416, § 1, eff. Aug. 30, 1999; Acts 2001,
77th Leg., ch. 685, § 1, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 1091, § 15, eff. June 20, 2003.
§ 31.157. EVALUATION REPORT. (a) The commissioner
shall prepare a draft evaluation report, which shall include the
results and findings of the evaluation of the real property owned by
the state required under Section 31.156.
(b) The draft report shall be submitted to the Texas
Building and Procurement Commission, which shall further evaluate
the potential use of the real property by another state agency. The
land office shall submit a draft report to each agency that owns or
holds in trust property that is the subject of the draft report.
The Texas Building and Procurement Commission may make additional
recommendations regarding the use of the real property. The state
agency that owns or controls real property named in the report may
comment on any findings or recommendations made by the
commissioner. The Texas Building and Procurement Commission and
any state agency that owns or controls real property named in the
report shall complete a review of the draft report within 60 days of
the receipt of the report and forward all recommendations and
comments to the commissioner.
(c) The commissioner shall prepare and issue a final
evaluation report that incorporates any recommendations of the
Texas Building and Procurement Commission regarding the potential
use of the real property by another state agency and any comments
from any state agency that owns or controls property named in the
report.
(d) If under the adjutant general's report submitted as
provided by Section 431.030, Government Code, the adjutant general
determines that real property under the management and control of
the adjutant general's department or the Texas Military Facilities
Commission is used for military purposes, the commissioner may not
recommend a real estate transaction involving that real property in
the final report submitted as provided by Subsection (e).
(e) The final report shall be submitted to the governor, the
presiding officers of both houses of the legislature, the
Legislative Budget Board, and the governor's budget office not
later than September 1 of each year.
(f) Properties reported as not being used or being
substantially underused under this section may not be annexed by a
political subdivision of the state without prior written approval
of the commissioner.
(g) A state agency that owns or controls real property
identified in the evaluation report as not being used or being
substantially underused shall notify the land office 30 days before
any planned development, acquisition, disposition, lease, or
exchange of the real property, including any planned construction
of new improvements or a major modification to an existing
improvement.
(h) Each state agency owning real property identified in the
evaluation report as unused or substantially underused shall
provide to the land office, within 30 days of the land office's
request, information on the status of those properties. The report
shall include a list of:
(1) the individual properties recommended for an
alternative use or a real estate transaction by the land office;
(2) the status of those individual properties; and
(3) any plans the agency owning the real property has
to convert the use of or dispose of each real property.
(i) The division may solicit proposals and shall accept
unsolicited proposals regarding real estate transactions involving
real property that would be of significant benefit to the state.
Added by Acts 1985, 69th Leg., ch. 102, § 2, eff. May 15, 1985.
Amended by Acts 1995, 74th Leg., ch. 484, § 1, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 907, § 3, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1021, § 16, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 1416, § 2, eff. Aug. 30, 1999; Acts 2001,
77th Leg., ch. 685, § 2, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 1091, § 15, eff. June 20, 2003.
§ 31.1571. GOVERNOR'S REPORT. (a) At any time, the
commissioner may make a report to the governor recommending real
estate transactions or other actions involving any real property
included in the most recent evaluation report and identified as not
used or substantially underused.
(b) After the commissioner recommends a real estate
transaction to the governor under this section, the commissioner
shall notify the state agency that owns or controls the real
property and the Texas Department of Housing and Community Affairs.
Not later than the 60th day after the date the written
recommendation is received, the state agency and the Texas
Department of Housing and Community Affairs may file with the
governor their comments on or objections to the recommendation.
(c) If the commissioner recommends a real estate
transaction to the governor involving real property identified as
not used or substantially underused and the division's analysis of
the highest and best use for the real property is determined to be
residential, the Texas Department of Housing and Community Affairs
shall evaluate the property and identify any property suitable for
affordable housing. The Texas Department of Housing and Community
Affairs shall submit comments concerning any property suitable for
affordable housing and any documents supporting the comments to the
governor not later than the 60th day after the date it receives the
report prepared under this section.
(d) Notwithstanding any other law, real property that the
commissioner has reported as unused or substantially underused and
recommended for a real estate transaction may not be developed,
sold, or otherwise disposed of by the state agency that owns or
controls the real property before the earlier of:
(1) the date the governor rejects a recommended real
estate transaction involving the real property; or
(2) two years from the date the recommendation is
approved, unless extended by the governor.
(e) If a state agency that owns or controls real property
reported as unused or substantially underused intends to dispose of
or change the use of the real property prior to the time provided by
Subsection (d), the governor may require a general development plan
for future use of the real property or any other information. At
any time, the governor may request that the state agency provide its
general development plan or any other information to the land
office for evaluation and may consult with the commissioner. The
plan shall be submitted no later than 30 days prior to the time that
the real estate transaction would be approved by operation of law if
not disapproved by the governor. The governor may take such plan
into consideration in determining whether to reject the
commissioner's recommendation.
(f) The commissioner may conduct the transaction unless the
governor gives the commissioner written notice disapproving the
recommendation. The governor must provide written notice of
disapproval under this subsection not later than the 90th day after
the date the governor receives the commissioner's written
recommendation.
Added by Acts 1995, 74th Leg., ch. 484, § 2, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 62, § 14.01(a), eff. Sept.
1, 1999; Acts 2003, 78th Leg., ch. 149, § 10, eff. May 27, 2003;
Acts 2003, 78th Leg., ch. 1091, § 15, eff. June 20, 2003.
§ 31.1572. REAL ESTATE TRANSACTIONS BY PARKS AND
WILDLIFE DEPARTMENT PROHIBITED IN CERTAIN AREAS. (a) The Parks
and Wildlife Department may not offer for sale real property it owns
or controls if the real property is located in a county:
(1) with a population of one million or more; and
(2) in which at least two municipalities with a
population of 300,000 or more are located.
(b) This section expires September 1, 2004.
Added by Acts 2003, 78th Leg., ch. 1091, § 16, eff. June 20,
2003.
§ 31.1573. REAL ESTATE TRANSACTIONS AUTHORIZED BY
GOVERNOR. (a) The land office shall take charge and control of
real property as necessary to conduct and close a real estate
transaction authorized by the governor.
(b) The expenses incurred by the land office in conducting a
real estate transaction, including the payment of reasonable
brokerage fees, may be deducted from the proceeds of the
transaction before the proceeds are deposited. The land office may
adopt rules relating to the payment of reasonable brokerage fees.
(c) Unless otherwise dedicated by the Texas Constitution,
the proceeds of the transaction shall be deposited:
(1) to the credit of the Texas capital trust fund if
the agency is eligible under Chapter 2201, Government Code, to
participate in that fund;
(2) in the state treasury to the credit of the affected
agency if the agency is not eligible under Chapter 2201, Government
Code, to participate in the Texas capital trust fund; or
(3) notwithstanding Subdivisions (1) and (2), as
otherwise directed under the procedures of Chapter 317, Government
Code.
(d) The grant of an interest in real property owned by the
state under this section must:
(1) comply with the requirements of Section 31.158 to
the extent the requirements do not conflict with a recommendation
in the governor's report under Section 31.1571; and
(2) be conveyed by an instrument signed by the
commissioner and, if the governor's approval is required, by the
governor.
Added by Acts 2003, 78th Leg., ch. 1091, § 16, eff. June 20,
2003.
§ 31.158. REAL ESTATE TRANSACTIONS AUTHORIZED BY
LEGISLATURE. (a) If the legislature authorizes a real estate
transaction involving real property owned by the state, the
division shall take possession and control of the real property and
shall negotiate and close such real estate transaction on behalf of
the state. In performing such duties, the division shall act on
behalf of the state agency which owns or controls the subject state
real property. Proceeds from the real estate transaction shall be
deposited in the Texas capital trust fund unless the proceeds are
dedicated by the constitution of this state to another fund or
unless the enabling legislation ordering the real estate
transaction provides otherwise.
(b) The division may not take possession and control under
this section of real property administered by a state agency that,
under Chapter 2201, Government Code, is ineligible to benefit from
the Texas capital trust fund.
(c) Unless the enabling legislation or general law
authorizing the real estate transaction specifies a different
procedure, the division shall transact the sale or lease of state
real property in the following manner:
(1) The sale or lease shall be by sealed bid, by public
auction, or as provided by Subsection (d); provided, however, the
School Land Board shall have the first option to purchase such real
property pursuant to Section 31.159 of this code. Subdivisions
(2)-(7) apply only to a sale or lease by sealed bid or public
auction.
(2) Notice of the sale or lease shall be published at
least 30 days prior to the date of sale or lease in at least three
issues of four daily newspapers in the state. One of the papers
must be of general circulation in the county where the real property
is located.
(3) The notice shall state that real property is to be
offered for sale or lease on a certain date and that lists
describing the real property and terms of sale or lease can be
obtained from the division.
(4) No bid may be accepted that does not meet the
minimum value established by the commissioner, which shall not be
less than market value.
(5) The division may reject any and all bids, but if
the division elects not to reject any and all bids, it is required
to accept the best bid submitted.
(6) If the award of a bid does not result in a final
transaction with the bidder, the land office may solicit proposals,
negotiate, and sell, exchange, or lease the real property, provided
that the sales price may not be less than market value.
(7) If, after proper notice has been posted, no bids
meeting the minimum requirements are received at the appointed time
and place for the sale or lease, the division may solicit proposals
and negotiate the sale, exchange, or lease of the real property to
any person, provided that the sales price may not be less than the
market value of the real property. The governor must approve any
sale or lease of real property negotiated under this section.
Failure of the governor to approve the sale or lease constitutes a
veto of the transaction.
(8) Each grant of an interest in real property made
pursuant to this section shall be made by an instrument signed by
the commissioner and, if the governor's approval is required, by
the governor.
(9) The expenses incurred by the division in
conducting the sale, exchange, or lease, including the payment of
reasonable brokerage fees, may be deducted from the proceeds of the
sale prior to deposit in the Texas capital trust fund or other
appropriate depository account. The division may promulgate rules
relating to the payment of reasonable brokerage fees.
(10) These procedures will not apply to sales or
leases of real property that are possessed by an agency that under
Chapter 2201, Government Code, is ineligible to use the Texas
capital trust fund or real property which belongs to the permanent
school fund.
(11) Prior to the actual sale or lease, the state
representative and state senator in the district where the subject
real property is located shall be notified of all efforts to sell or
lease the real property and shall be provided with copies of all
brokerage contacts relating to the sale or lease.
(d) The division may contract for the services of a real
estate broker or a private brokerage or real estate firm in the
course of a real estate transaction under this section if the
commissioner determines contracting for those services is in the
best interest of the state.
Added by Acts 1985, 69th Leg., ch. 102, § 2, eff. May 15, 1985.
Amended by Acts 1989, 71st Leg., ch. 839, § 1, eff. Aug. 28,
1989; Acts 1991, 72nd Leg., ch. 633, § 2, eff. Aug. 26, 1991;
Acts 1995, 74th Leg., ch. 76, § 5.95(5), 12.01(a), eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 685, § 3, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1091, § 17, eff. June 20, 2003.
§ 31.1581. TRANSFER OF REAL PROPERTY FOR USE AS
AFFORDABLE HOUSING. (a) If the legislature authorizes or the
governor approves the transfer of title to real property to an
entity for use as affordable housing, the division shall take
possession and control of the real property and shall conduct the
transaction as provided by the policy adopted under Subsection (b).
(b) The division shall adopt a policy regarding the method
of transferring title to real property designated as suitable for
affordable housing to an entity for use as affordable housing. The
policy must include monitoring and enforcement provisions to ensure
that the real property is used for affordable housing.
Acts 2001, 77th Leg., ch. 685, § 3, eff. Sept. 1, 2001.
Redesignated from V.T.C.A., Natural Resources Code § 31.158(d),
(e) and amended by Acts 2003, 78th Leg., ch. 1091, § 17, eff.
June 20, 2003.
§ 31.1585. CERTAIN PROCEEDS. Notwithstanding any other
law, proceeds from the sale of real property purchased with general
revenue funds that was recommended for sale by the division and not
disapproved for sale by the governor during the calendar years 1995
through 2002 shall be deposited in the unobligated portion of the
general revenue fund and may only be appropriated to the state
agency that possessed the property at the time of the sale for use
by the state agency in performing its duties.
Added by Acts 2003, 78th Leg., ch. 1091, § 18, eff. June 20,
2003.
§ 31.159. FIRST OPTION TO PURCHASE. (a) The School
Land Board has a first option to purchase real property authorized
for sale by the legislature or the governor. The board may exercise
its option by tendering cash for market value as mutually agreed on
by the board and the state agency that owns the real property, but
the purchase price may not be less than market value. For purposes
of this section, the division may request more than one appraisal to
determine market value. If the parties cannot agree on a value, the
board and the state agency that owns the real property shall follow
the procedures provided by Subsections (d) and (e). The board may
not pay more than market value.
(b) The division shall inform the School Land Board of the
proposed sale and its first option to purchase state agency real
property. If the board decides to exercise its option under this
section, the division shall appoint an appraiser not later than the
30th day after the date the board notifies the division of its
decision.
(c) The School Land Board must complete the cash purchase
not later than the 120th day after the date the board exercises its
first option to purchase. If the School Land Board fails to
complete the purchase within the time permitted, the division may
extend the time for completing the purchase or disposing of the real
property as authorized by the legislature or approved by the
governor.
(d) If the state agency that owns the real property disputes
the market value, the School Land Board shall request a second
appraisal. If the School Land Board fails to request a second
appraisal, the division shall appoint a second appraiser not later
than the 21st day after the date the state agency notifies the
School Land Board that it disputes the market value. On completion
of the second appraisal, the two appraisers shall meet promptly and
attempt to reach agreement on the market value. If the two
appraisers fail to reach agreement within 10 days of the meeting,
the land office shall request a third appraiser to reconcile the two
previous appraisals. The determination of value by the third
appraiser may not be less than the lower or more than the higher of
the first two appraisals. The market value determined by the third
appraiser is final and binding on all parties.
(e) The division may appoint an appraiser employed by the
land office for the performance of any one of the required
appraisals. Any other appraiser employed under this section must
be selected in accordance with Subchapter A, Chapter 2254,
Government Code. The party requesting the appraisal shall award
the appraisal services contract to the provider of professional
services after considering the factors identified in Chapter 2254,
Government Code. The division shall pay the expenses of appraisal.
Added by Acts 1985, 69th Leg., ch. 102, § 2, eff. May 15, 1985.
Amended by Acts 1985, 69th Leg., ch. 270, § 5, eff. June 5, 1985;
Acts 1987, 70th Leg., ch. 208, § 11, eff. Aug. 31, 1987; Acts
1995, 74th Leg., ch. 76, § 5.95(47), eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 165, § 17.19(18), eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1091, § 19, eff. June 20, 2003.
§ 31.161. DEVELOPMENT PLAN. (a) If the state intends
to conduct a sale or lease for nongovernmental purposes of real
property belonging to the state, to the permanent school fund, or to
any of the dedicated funds of the state, other than the permanent
university fund, or any other real property subject to the
administration and control of the board of regents of The
University of Texas System, the division may promulgate a
development plan on the real property.
(b) The purpose of a development plan is to conserve and
enhance the value of real property belonging to the state, taking
into consideration the preservation of the health, safety, and
general welfare of the communities in which the real property is
situated.
(c) The plan shall address local land use planning
ordinances, which may include the following:
(1) allocation and location of specific uses of the
real property, including residential, commercial, industrial,
recreational, or other appropriate uses;
(2) densities and intensities of designated land uses;
(3) the timing and rate of development;
(4) timely delivery of adequate facilities and
services, including water, wastewater collection and treatment
systems, parks and public recreational facilities, drainage
facilities, school sites, and roads and transportation facilities;
or
(5) needed zoning and other land use regulations.
(d) The plan shall comply with existing rules, regulations,
orders, or ordinances for real property development to the extent
such rules, regulations, orders, or ordinances are not detrimental
to the interests of the state as determined by the special board of
review.
Added by Acts 1987, 70th Leg., ch. 208, § 13, eff. Aug. 31, 1987.
Amended by Acts 2003, 78th Leg., ch. 1091, § 20, eff. June 20,
2003.
§ 31.1611. PUBLIC HEARING BEFORE PREPARATION OF
DEVELOPMENT PLAN. (a) If the division is requested to prepare a
development plan under Section 31.161, the division shall notify
the local government to which the plan will be submitted under
Section 31.162 of the division's intent to prepare a development
plan. The division shall provide the local government with
information relating to:
(1) the location of the real property to be offered for
sale or lease;
(2) the highest and best use of the real property as
provided in the division's report under Section 31.157; and
(3) the process for preparing the development plan
under Section 31.161 and the process provided under Sections 31.165
and 31.166 for the special board of review.
(b) Not later than the 30th day after the date the local
government receives the notice provided under Subsection (a), the
local government may request the division to hold a public hearing
to solicit public comment. If requested by the local government,
the division shall hold a public hearing. The local government
shall provide notice of the hearing to real property owners in at
least the same manner that notice is provided for adopting zoning
regulations or subdivision requirements in the local government's
jurisdiction. The division shall set the agenda for the hearing,
which must be completed no later than the 120th day after the date
notice is provided under Subsection (a).
(c) If the local government does not request a public
hearing under Subsection (b), the commissioner may hold a hearing
to solicit public comment. The division shall provide notice of the
hearing in the same manner that a local government is required to
provide notice under Subsection (b). The commissioner shall set
the agenda for the hearing and must complete the hearing not later
than the 120th day after the date the notice is provided under
Subsection (a).
(d) A public hearing under this section may include:
(1) a presentation by the division relating to the
division's classification of the real property as unused or
substantially underused and the division's recommendation of the
highest and best use to which the real property may legally be
placed;
(2) a presentation by the local government relating to
relevant local plans, development principles, and ordinances that
may affect the development of the real property; and
(3) oral comments and presentations of information by
and written comments received from other persons relating to the
development of the real property.
(e) The division shall prepare a summary of the information
and testimony presented at a hearing conducted under this section
and may develop recommendations based on the information and
testimony. The division shall prepare and deliver a report to the
commissioner summarizing the information and testimony presented
at the hearing and the views presented by the state, the affected
local governments, and other persons who participated in the
hearing process. The commissioner shall review the division's
report and may instruct the division to incorporate information
based on the report in preparing the development plan under Section
31.161.
(f) The commissioner may adopt rules to implement this
section. The division shall administer the process provided by
this section.
Added by Acts 1999, 76th Leg., ch. 903, § 1, eff. June 18, 1999.
Amended by Acts 2003, 78th Leg., ch. 1091, § 21, eff. June 20,
2003.
§ 31.162. SUBMISSION OF THE PLAN TO AFFECTED LOCAL
GOVERNMENT. (a) The plan shall be submitted to any local
government having jurisdiction over the real property in question
for consideration.
(b) The local government shall evaluate the plan and either
accept or reject the plan no later than the 120th day after the date
the division submits the plan.
(c) The plan may be rejected by the local government only on
grounds that it does not comply with local ordinances and land use
regulations, including but not limited to zoning and subdivision
ordinances.
(d) If the plan is rejected, the local government shall
specifically identify any ordinance with which the plan conflicts
and propose specific modifications to the plan that will bring it
into compliance with the local ordinance.
(e) If the plan is rejected by the affected local
government, the division may modify the plan to conform to the
ordinances specifically identified by the local government and
resubmit the plan for approval, or the commissioner may apply for
necessary rezoning or variances from the local ordinances.
(f) Failure by the local government to act within the
120-day period prescribed by Subsection (b) will be deemed an
acceptance by the local government of the plan.
Added by Acts 1987, 70th Leg., ch. 208, § 13, eff. Aug. 31, 1987.
Amended by Acts 2003, 78th Leg., ch. 1091, § 22, eff. June 20,
2003.
§ 31.163. REZONING. (a) If the plan would require
zoning inconsistent with any existing zoning or other land use
regulation, the division or its designated representative may at
any time submit a request for rezoning to the local government with
jurisdiction over the real property in question.
(b) The rezoning or variance request shall be submitted in
the same manner as any such request is submitted to the affected
local government; provided, however, the local government must
take final action on the request no later than the 120th day after
the date the request for rezoning or variance is submitted.
(c) Failure by the local government to act within the
120-day period prescribed by Subsection (b) will be deemed an
approval of the rezoning request by the local government.
Added by Acts 1987, 70th Leg., ch. 208, § 13, eff. Aug. 31, 1987.
Amended by Acts 2003, 78th Leg., ch. 1091, § 23, eff. June 20,
2003.
§ 31.164. FEES AND ASSESSMENTS. (a) The local
government may impose no application, filing, or other fees or
assessments on the state for consideration of the plan or the
application for rezoning or variance submitted by the state.
(b) The local government may not require the submission of
architectural, engineering, or impact studies to be completed at
state expense before considering the plan or application for
rezoning or variance.
Added by Acts 1987, 70th Leg., ch. 208, § 13, eff. Aug. 31, 1987.
§ 31.165. SPECIAL BOARD OF REVIEW. (a) If the local
government denies the rezoning request, the matter may be appealed
to a special board of review consisting of the following members:
(1) the members of the School Land Board;
(2) the chairman of the governing board of the agency
or institution possessing the real property or his or her
designated representative;
(3) the mayor of the city or town within whose
corporate boundaries or extraterritorial jurisdiction the real
property is located; and
(4) the county judge of the county within which the
real property is located.
(b) The commissioner shall serve as chairman of the special
board of review.
(c) If the plan involves real property belonging to the
permanent school fund, the special board of review shall consist of
the members of the School Land Board and the local officials, with
the commissioner serving as chairman.
(d) If the real property is not located within the corporate
boundaries or the extraterritorial jurisdiction of a city or town,
the board shall consist of the members of the School Land Board, the
agency chairman, and the county judge, with the commissioner
serving as chairman.
Added by Acts 1987, 70th Leg., ch. 208, § 13, eff. Aug. 31, 1987.
Amended by Acts 2003, 78th Leg., ch. 1091, § 24, eff. June 20,
2003.
§ 31.166. HEARING. (a) The special board of review
shall conduct one or more public hearings to consider the proposed
development plan.
(b) Hearings shall be conducted in accordance with rules
promulgated by the land office for conduct of such special review.
(c) If real property is located in more than one city or
town, the hearings on any single tract of real property may be
combined.
(d) Any political subdivision in which the tract in question
is located and the appropriate central appraisal district shall
receive written notice of board hearings at least 14 days prior to
the hearing.
(e) At least one hearing shall be conducted in the county
where the real property is located.
(f) If after the hearings, the special board of review
determines that local zoning requirements are detrimental to the
best interest of the state, it shall issue an order establishing a
development plan to govern the use of the real property as provided
in this section.
(g) Development of the real property shall be in accordance
with the plan and must comply with all local rules, regulations,
orders, or ordinances except as specifically identified in an order
of the special board of review issued pursuant to Subsection (f) of
this section. In the event that substantial progress is not made
toward development of the tract within five years of the date of
adoption by the special board of review, local development policies
and procedures shall become applicable to development of the tract,
unless the special board of review promulgates a new plan.
(h) The hearing shall not be considered a contested case
proceeding under Chapter 2001, Government Code and shall not be
subject to appeal thereunder.
Added by Acts 1987, 70th Leg., ch. 208, § 13, eff. Aug. 31, 1987.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept.
1, 1995; Acts 2003, 78th Leg., ch. 1091, § 25, eff. June 20,
2003.
§ 31.167. BINDING EFFECT OF DEVELOPMENT
PLAN. (a) Except as provided by this subsection, a development
plan promulgated by the special board of review and any plan
accepted by a local government shall be final and binding on the
state, its lessees, successors in interest and assigns, and
affected local governments or political subdivisions unless
revised by the special board of review. If the division does not
receive a bid or auction solicitation for the real property subject
to the development plan, the division, at the direction of the
commissioner, may revise the development plan to conserve and
enhance the value and marketability of the real property.
(b) A local government, political subdivision, owner,
builder, developer, or any other person may not modify the
development plan without specific approval by the special board of
review.
(c) The special board of review must file a copy of the
development plan in the deed records of the county in which the real
property is located.
Added by Acts 1987, 70th Leg., ch. 208, § 13, eff. Aug. 31, 1987.
Amended by Acts 1999, 76th Leg., ch. 903, § 2, eff. June 18,
1999; Acts 2003, 78th Leg., ch. 1091, § 26, eff. June 20, 2003.
SUBCHAPTER G. SUPER COLLIDER SITE
§ 31.307. DEDICATION OF ROADS. The commissioner may
dedicate roads located on the real property used as the site for the
superconducting super collider research facility to the county in
which the roads are located if the commissioner believes that the
dedication will enhance the value of remaining state real property.
Added by Acts 1997, 75th Leg., ch. 345, § 2, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 1091, § 27, eff. June 20,
2003.
§ 31.308. CONVEYANCE OF SURFACE AND SUBSURFACE
ESTATE. (a) In this section, "subsurface estate" means the
subsurface acquired by the state to construct or maintain the
underground accelerator partially built or proposed to be built as
part of the superconducting super collider research facility.
(b) The commissioner shall convey the state's interest in
the subsurface estate underlying the surface estate of real
property used as the site for the superconducting super collider
research facility if the owner of the surface estate pays a sum
equal to the market value of the subsurface estate as determined by
the commissioner. After the state conveys its interest in the
subsurface estate as provided by this subsection, title to the
subsurface estate is reunited with the title to the surface estate.
(c) Unless the instrument of conveyance provides otherwise,
a conveyance of the surface estate of real property by the state
under this subchapter includes the conveyance of the subsurface
estate to the extent of the state's interest in the subsurface
estate.
(d) The commissioner may adopt rules necessary to implement
this section.
Added by Acts 1997, 75th Leg., ch. 345, § 2, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 1091, § 28, eff. June 20,
2003.
§ 31.309. PREFERENCE RIGHT TO PURCHASE CERTAIN REAL
PROPERTY. (a) A person or the person's heirs who conveyed real
property to the state for use by the superconducting super collider
research facility has a preference right to purchase the same tract
of real property previously conveyed before the tract is offered
for sale by the state to any other person.
(b) A person who has a preference right under this section
must pay at least the market value for the real property as
determined by an appraisal conducted by the land office.
(c) This section does not apply to a subsurface estate as
defined by Section 31.308.
(d) The commissioner may adopt rules necessary to implement
this section.
Added by Acts 1997, 75th Leg., ch. 345, § 3, eff. Jan. 1, 1998.
Amended by Acts 2003, 78th Leg., ch. 1091, § 29, eff. June 20,
2003.
SUBCHAPTER H. USE OF STATE ENERGY RESOURCES
§ 31.401. NATURAL GAS ACQUISITION CONTRACTS. (a) The
land office shall review and must approve any contract entered into
by a state agency for the acquisition of an annual average of 100
MCF per day or more of natural gas used to meet its energy
requirements.
(b) Before approving a contract described by Subsection (a)
of this section, the land office shall ensure that the agency, to
meet its energy requirements, is using, to the greatest extent
practical, natural gas produced from land leased from:
(1) the school land board;
(2) a board for lease other than the Board for Lease of
University Lands; or
(3) the surface owner of Relinquishment Act land.
(c) If the land office is able to substitute a contract
using in-kind royalty gas from state-owned lands or using other gas
for a contract under which a state agency acquires or proposes to
acquire its natural gas supplies, the commissioner shall inform the
comptroller each month of the amount of savings attributable to the
substitution.
(d) In this section, "state agency" has the meaning assigned
by Subchapter A, Chapter 572, Government Code.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 3.01, eff.
Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 76, §
5.95(42), eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1499, §
1.43, eff. Sept. 1, 1999.
§ 31.402. RULES. The commissioner shall adopt any rules
necessary to carry out this subchapter, including rules regarding
review and approval of natural gas acquisition contracts under
Section 31.401 of this code.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 3.01, eff.
Sept. 1, 1991.
