reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379C - Urban Land Bank Demonstration Program › Section 379C.015. Land Used for World Exposition

Sec. 379C.015.  LAND USED FOR WORLD EXPOSITION.  (a) A municipality may transfer to a land bank land that was part of  the site of a world exposition recognized by the Bureau International des Expositions, subject to any deed restrictions the municipality adopts, after public notice and hearing, before January 1, 2014.
(b)  Section 253.001(b) does not apply to the sale of land described by Subsection (a) if the remainder of the world exposition site includes dedicated public squares or parks that have a total area of 18 acres or more, which may include an area for which the municipality commits to demolishing any non-park improvements within 48 months after the date of the dedication.
(c)  A petition for judicial review of a sale under Subsection (b) must be filed on or before the 60th day after the date the ordinance or resolution authorizing the sale is adopted.  A petition filed after that date is barred.
(d)  The restrictions and requirements applicable to the sale of land by a land bank under this chapter or any other law do not apply to land sold by a land bank under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1085 (H.B. 3447), Sec. 2, eff. September 1, 2013.
Redesignated from Local Government Code, Section 379C.014 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(40), eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379E - Urban Land Bank Program › Section 379E.001. Short Title

Sec. 379E.001.  SHORT TITLE.  This chapter may be cited as the Urban Land Bank Program Act.
Added by Acts 2007, 80th Leg., R.S., Ch. 1034 (H.B. 1742), Sec. 12, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 33, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379E - Urban Land Bank Program › Section 379E.002. Applicability; Construction With Other Law

Sec. 379E.002.  APPLICABILITY; CONSTRUCTION WITH OTHER LAW.  This chapter applies only to a municipality:
(1)  to which Chapter 379C or 379H does not apply; and
(2)  that has not ever adopted a homestead land bank program under Subchapter E, Chapter 373A.
Added by Acts 2007, 80th Leg., R.S., Ch. 1034 (H.B. 1742), Sec. 12, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 33, eff. September 1, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379E - Urban Land Bank Program › Section 379E.003. Definitions

Sec. 379E.003.  DEFINITIONS.  In this chapter:
(1)  "Affordable" means that the monthly mortgage payment or contract rent does not exceed 30 percent of the applicable median family income for that unit size, in accordance with the income and rent limit rules adopted by the Texas Department of Housing and Community Affairs.
(2)  "Community housing development organization" or "organization" means an organization that:
(A)  meets the definition of a community housing development organization in 24 C.F.R. Section 92.2; and
(B)  is certified by the municipality as a community housing development organization.
(3)  "Land bank" means an entity established or approved by the governing body of a municipality for the purpose of acquiring, holding, and transferring unimproved real property under this chapter.
(4)  "Low income household" means a household with a gross income of not greater than 80 percent of the area median family income, adjusted for household size, for the metropolitan statistical area in which the municipality is located, as determined annually by the United States Department of Housing and Urban Development.
(5)  "Qualified participating developer" means a developer who meets the requirements of Section 379E.005 and includes a qualified organization under Section 379E.011.
(6)  "Urban land bank plan" or "plan" means a plan adopted by the governing body of a municipality as provided by Section 379E.006.
(7)  "Urban land bank program" or "program" means a program adopted under Section 379E.004.
Added by Acts 2007, 80th Leg., R.S., Ch. 1034 (H.B. 1742), Sec. 12, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 33, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379E - Urban Land Bank Program › Section 379E.004. Urban Land Bank Program

Sec. 379E.004.  URBAN LAND BANK PROGRAM.  (a)  The governing body of a municipality may adopt an urban land bank program in which the officer charged with selling real property ordered sold pursuant to foreclosure of a tax lien may sell certain eligible real property by private sale for purposes of affordable housing development as provided by this chapter.
(b)  The governing body of a municipality that adopts an urban land bank program shall establish or approve a land bank for the purpose of acquiring, holding, and transferring unimproved real property under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1034 (H.B. 1742), Sec. 12, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 33, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379E - Urban Land Bank Program › Section 379E.005. Qualified Participating Developer

Sec. 379E.005.  QUALIFIED PARTICIPATING DEVELOPER.  To qualify to participate in an urban land bank program, a developer must:
(1)  have developed three or more housing units within the three-year period preceding the submission of a proposal to the land bank seeking to acquire real property from the land bank;
(2)  have a development plan approved by the municipality for the land bank property; and
(3)  meet any other requirements adopted by the municipality in the urban land bank plan.
Added by Acts 2007, 80th Leg., R.S., Ch. 1034 (H.B. 1742), Sec. 12, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 33, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379E - Urban Land Bank Program › Section 379E.006. Urban Land Bank Plan

Sec. 379E.006.  URBAN LAND BANK PLAN.  (a)  A municipality that adopts an urban land bank program shall operate the program in conformance with an urban land bank plan.
(b)  The governing body of a municipality that adopts an urban land bank program shall adopt a plan annually.  The plan may be amended from time to time.
(c)  In developing the plan, the municipality shall consider other housing plans adopted by the municipality, including the comprehensive plan submitted to the United States Department of Housing and Urban Development and all fair housing plans and policies adopted or agreed to by the municipality.
(d)  The plan must include the following:
(1)  a list of community housing development organizations eligible to participate in the right of first refusal provided by Section 379E.011;
(2)  a list of the parcels of real property that may become eligible for sale to the land bank during the next year;
(3)  the municipality's plan for affordable housing development on those parcels of real property; and
(4)  the sources and amounts of money anticipated to be available from the municipality for subsidies for development of affordable housing in the municipality, including any money specifically available for housing developed under the program, as approved by the governing body of the municipality at the time the plan is adopted.
Added by Acts 2007, 80th Leg., R.S., Ch. 1034 (H.B. 1742), Sec. 12, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 33, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379E - Urban Land Bank Program › Section 379E.007. Public Hearing on Proposed Plan

Sec. 379E.007.  PUBLIC HEARING ON PROPOSED PLAN.  (a)  Before adopting a plan, a municipality shall hold a public hearing on the proposed plan.
(b)  The city manager or the city manager's designee shall provide notice of the hearing to all community housing development organizations and to neighborhood associations identified by the municipality as serving the neighborhoods in which properties anticipated to be available for sale to the land bank under this chapter are located.
(c)  The city manager or the city manager's designee shall make copies of the proposed plan available to the public not later than the 60th day before the date of the public hearing.
Added by Acts 2007, 80th Leg., R.S., Ch. 1034 (H.B. 1742), Sec. 12, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 33, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379E - Urban Land Bank Program › Section 379E.009. Subsequent Resale by Land Bank

Sec. 379E.009.  SUBSEQUENT RESALE BY LAND BANK.  (a)  Each subsequent resale of property acquired by a land bank under this chapter must comply with the conditions of this section.
(b)  Within the three-year period following the date of acquisition, the land bank must sell a property to a qualified participating developer for the purpose of construction of affordable housing for sale or rent to low income households.  If after three years a qualified participating developer has not purchased the property, the property shall be transferred from the land bank to the taxing units who were parties to the judgment for disposition as otherwise allowed under the law.
(c)  Unless the municipality increases the amount in its plan, the number of properties acquired by a qualified participating developer under this section on which development has not been completed may not at any time exceed three times the annual average residential production completed by the qualified participating developer during the preceding two-year period as determined by the municipality.
(d)  The deed conveying a property sold by the land bank must include a right of reverter so that, if the qualified participating developer does not apply for a construction permit and close on any construction financing within the two-year period following the date of the conveyance of the property from the land bank to the qualified participating developer, the property will revert to the land bank for subsequent resale to another qualified participating developer or conveyance to the taxing units who were parties to the judgment for disposition as otherwise allowed under the law.
Added by Acts 2007, 80th Leg., R.S., Ch. 1034 (H.B. 1742), Sec. 12, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 33, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379E - Urban Land Bank Program › Section 379E.012. Open Records and Meetings

Sec. 379E.012.  OPEN RECORDS AND MEETINGS.  The land bank shall comply with the requirements of Chapters 551 and 552, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1034 (H.B. 1742), Sec. 12, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 33, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter A. General Provisions › Section 379H.001. Short Title

Sec. 379H.001.  SHORT TITLE.  This chapter may be cited as the Urban Land Bank Program for a Municipality with a Population of Two Million or More.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter A. General Provisions › Section 379H.002. Applicability of Chapter

Sec. 379H.002.  APPLICABILITY OF CHAPTER.  This chapter applies only to a municipality with a population of two million or more.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter A. General Provisions › Section 379H.003. Definitions

Sec. 379H.003.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of a land bank.
(2)  "Land bank" means an entity established or approved by the governing body of a municipality under this chapter.
(3)  "Non-qualifying municipality" means a municipality to which this chapter does not apply and that is located in the same county in which a municipality to which this chapter does apply is predominantly located.
(4)  "Real property" means land, land under water, and any structure, easement, air rights, franchise, or incorporeal hereditament, every estate, interest, and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise, and any fixture or improvement located thereon.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter A. General Provisions › Section 379H.004. Applicability of Other Law

Sec. 379H.004.  APPLICABILITY OF OTHER LAW.  A land bank created under this chapter:
(1)  is:
(A)  a governmental unit, as defined by Section 101.001, Civil Practice and Remedies Code;
(B)  a local government corporation, as defined by Section 431.003, Transportation Code; and
(C)  a public nonprofit corporation that has and may exercise all of the rights, powers, privileges, authority, and functions given by the general laws of this state to nonprofit corporations in this state;
(2)  is not:
(A)  a program created or operating under Chapter 373 or 374; or
(B)  a housing finance corporation created under Chapter 394; and
(3)  must comply with the requirements of Chapters 551 and 552, Government Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter A. General Provisions › Section 379H.005. Purpose

Sec. 379H.005.  PURPOSE.  A land bank created under this chapter exists for the purpose of acquiring, managing, and disposing of vacant, abandoned, deteriorated, non-revenue generating, and non-tax producing properties and converting those properties to productive uses.  For purposes of this subsection, productive uses of a property include the development of housing that serves a wide range of local needs, including affordable housing, long-term affordable housing, workforce housing, public service housing, mixed-income housing, community-based economic development, food desert solutions, parks and recreation, flood reduction and storm resiliency, and other uses necessary and appropriate to return properties to the tax rolls, stabilize communities, improve living conditions, and protect against the displacement of residents of the municipality served by the land bank.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter A. General Provisions › Section 379H.006. Construction

Sec. 379H.006.  CONSTRUCTION.  This chapter shall be construed liberally to carry out the intended purposes as a complete and independent authorization for the performance of each and every act and thing authorized by this chapter, and all powers granted shall be broadly interpreted to carry out the intended purposes and not as a limitation of powers.  Except as otherwise provided by this chapter, a land bank, in the exercise of its powers and duties under this chapter and with respect to real property held by the land bank, has the same amount of control as if the land bank represented a private property owner, and the land bank is not subject to restrictions imposed by the charter, ordinances, or resolutions of a local unit of government.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter B. Board of Directors › Section 379H.051. Composition of Board

Sec. 379H.051.  COMPOSITION OF BOARD.  The size, membership, composition, and officers of the board of directors of a land bank, and methods of appointment to the board, must be established by the certificate of formation and the bylaws of the land bank.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter B. Board of Directors › Section 379H.052. Eligibility for Membership

Sec. 379H.052.  ELIGIBILITY FOR MEMBERSHIP.  (a)  In this section, "public officer" means an individual who is elected to a municipal office.
(b)  A municipal employee is eligible to serve as a member of the board, and notwithstanding any law to the contrary, a public officer is eligible to serve as a member of the board and acceptance of the appointment will neither terminate nor impair service in the public office.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter B. Board of Directors › Section 379H.053. Meetings; Attendance

Sec. 379H.053.  MEETINGS; ATTENDANCE.  (a)  The board shall meet in regular session according to a schedule adopted by the board.
(b)  The board may meet in a special session:
(1)  convened by the president of the board in accordance with the bylaws of the board; or
(2)  on written notice signed by a majority of the board members.
(c)  The presence of a majority of the board's total membership constitutes a quorum for any regular or special session.
(d)  The board shall establish rules related to the attendance and participation of members in regular or special meetings of the board.  Rules adopted under this subsection may provide for the removal from office of a member for failure to comply with the rules if a majority of the remaining members of the board vote for the removal.  Removal under this subsection takes effect the first day of the calendar month following the date of the vote.  A person removed under this subsection is ineligible for reappointment to the board unless reappointment is confirmed unanimously by the board.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter B. Board of Directors › Section 379H.054. Board Actions

Sec. 379H.054.  BOARD ACTIONS.  (a)  Subject to Subsection (b), actions of the board must be approved by the affirmative vote of a quorum of the board.
(b)  Action on the following matters requires approval by a majority of the total membership of the board:
(1)  adoption of bylaws or rules for conduct of the business of the land bank for which the board serves;
(2)  hiring or firing of any employee or contractor of the land bank for which the board serves;
(3)  incurring debt;
(4)  adoption or amendment of the annual budget; and
(5)  sale, lease, encumbrance, or alienation of or improvements to real or personal property with a value of more than $50,000.
(c)  By majority vote, the board may delegate the hiring and firing of employees and contractors to a specific officer or committee of the land bank for which the board serves, under terms and to the extent specified by the board.
(d)  A board member may not vote by proxy.
(e)  A board member may request a recorded vote on any resolution or action of the land bank.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter B. Board of Directors › Section 379H.055. Conflict of Interest

Sec. 379H.055.  CONFLICT OF INTEREST.  (a)  A board member or employee of a land bank, or a relative of a member or employee within the first degree of consanguinity or affinity, as determined by Chapter 573, Government Code, may not:
(1)  acquire any direct or indirect interest in real property of the land bank, in any real property to be acquired by the land bank, or in any real property to be acquired from the land bank; or
(2)  have any direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used by the land bank.
(b)  The provisions of the former Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) related to powers, standards of conduct, and interests in contracts apply to the directors and officers of the land bank.
(c)  The board may adopt supplemental rules addressing potential conflicts of interest and ethical guidelines for board members and land bank employees.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter B. Board of Directors › Section 379H.056. Compensation; Reimbursement

Sec. 379H.056.  COMPENSATION; REIMBURSEMENT.  (a)  Board members serve without compensation.
(b)  The board may reimburse a member for expenses actually incurred in the performance of duties on behalf of the land bank.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter C. Creation, Operation, and Dissolution of Land Bank › Section 379H.101. Creation of Land Bank

Sec. 379H.101.  CREATION OF LAND BANK.  (a)  The governing body of a municipality may create a land bank by the adoption of an ordinance approving the land bank's certificate of formation and bylaws.
(b)  Approval by the governing body of a municipality of the certificate of formation and bylaws of a corporation created under Chapter 431, Transportation Code, that will serve as a land bank under this chapter is sufficient to create a land bank under this section.
(c)  A land bank's certificate of formation and bylaws approved under this section may not be changed or amended unless the governing body of the municipality for which the land bank was created approves the change or amendment by the adoption of an ordinance.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter C. Creation, Operation, and Dissolution of Land Bank › Section 379H.103. Resolution of Complex Title Questions

Sec. 379H.103.  RESOLUTION OF COMPLEX TITLE QUESTIONS.  A land bank may provide assistance and guidance to owners of real property for which there are complex, highly divided fractional interests in the real property because of multigenerational intestate distributions, unknown heirs, and other interested parties for whom accurate information cannot be ascertained.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter C. Creation, Operation, and Dissolution of Land Bank › Section 379H.104. Interlocal Contracts

Sec. 379H.104.  INTERLOCAL CONTRACTS.  (a)  A land bank may enter into an interlocal contract under Section 791.011, Government Code, with:
(1)  a municipality for a program created by the municipality under Chapter 373 or 374; or
(2)  a non-qualifying municipality for the purpose of the land bank conducting land bank activities on behalf of and within the geographical boundaries of the non-qualifying municipality.
(b)  Notwithstanding Section 379H.102(b)(2), a land bank may acquire real property within the geographical boundaries of a non-qualifying municipality with which it has entered into an agreement under Subsection (a).
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter C. Creation, Operation, and Dissolution of Land Bank › Section 379H.105. Records and Reports

Sec. 379H.105.  RECORDS AND REPORTS.  (a)  A land bank shall keep accurate minutes of the land bank's meetings and shall keep accurate records and books of account that conform with generally accepted principles of accounting and that clearly reflect the income and expenses of the land bank and all transactions in relation to the land bank's real property.
(b)  A land bank shall maintain and make available for public review and inspection:
(1)  an inventory of all real property held by the land bank;
(2)  a copy of the sale settlement statement for each real property sold or transferred to a third party; and
(3)  a copy of the performance report filed under Subsection (e).
(c)  Not later than the 90th day after the end of the fiscal year of the municipality that created the land bank, the land bank shall file with the municipality an annual audited financial statement prepared by a certified public accountant.
(d)  Financial transactions of a land bank are subject to audit by the municipality that created the land bank.
(e)  For purposes of evaluating the effectiveness of a land bank created under this chapter, a land bank shall submit an annual performance report to the municipality that created the land bank not later than November 1 of each year in which the land bank acquires or sells real property in accordance with this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter C. Creation, Operation, and Dissolution of Land Bank › Section 379H.106. Staff

Sec. 379H.106.  STAFF.  (a)  A land bank may employ an executive director, counsel and legal staff, technical experts, and other agents and employees, permanent or temporary, that the land bank may require and may determine the qualifications and set the compensation and benefits of each of those persons.
(b)  A land bank may enter into contracts and agreements with municipalities for staffing services to be provided to the land bank by those municipalities or for the land bank to provide such staffing services to those municipalities.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter C. Creation, Operation, and Dissolution of Land Bank › Section 379H.107. Advisory Committee and Neighborhood Consultation

Sec. 379H.107.  ADVISORY COMMITTEE AND NEIGHBORHOOD CONSULTATION.  (a)  A land bank shall create one or more advisory committees to consult with and advise the land bank on:
(1)  properties within the municipality served by the land bank that are imposing the greatest harm on neighborhoods and communities in the municipality;
(2)  neighborhood priorities for new uses of those properties; and
(3)  the range of potential transferees of those properties.
(b)  As appropriate to the location of the real property of the land bank, advisory committee membership and neighborhood consultations shall include formal and informal neighborhood-specific community associations, residents' associations, faith communities, community development corporations, and anchor institutions.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter C. Creation, Operation, and Dissolution of Land Bank › Section 379H.108. Dissolution of Land Bank

Sec. 379H.108.  DISSOLUTION OF LAND BANK.  (a)  A land bank may be dissolved not earlier than the 60th day after the date an affirmative resolution to dissolve the land bank is approved by two-thirds of the membership of the board and confirmed by resolution of the municipality that created the land bank.
(b)  Not less than 60 days before the consideration of a resolution of dissolution by the board, the board shall:
(1)  provide to the governing body of the municipality that created the land bank written notice of the board's intent to vote on a resolution for dissolution of the land bank; and
(2)  publish the notice in a local newspaper of general circulation.
(c)  On dissolution of the land bank, all real property, personal property, and other assets and obligations of the land bank become the assets and obligations of the municipality that created the land bank.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter D. Acquisition and Disposition of Property › Section 379H.151. Tax Exempt Status of Land Bank Property

Sec. 379H.151.  TAX EXEMPT STATUS OF LAND BANK PROPERTY.  The real property of a land bank, including real property held by a land bank under a long-term lease contract with a community land trust, and the land bank's income and operations are exempt as public property used for public purposes from all license fees, recording fees, and all other taxes imposed by this state or by political subdivisions of this state.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter D. Acquisition and Disposition of Property › Section 379H.152. Title Held by Land Bank

Sec. 379H.152.  TITLE HELD BY LAND BANK.  All real property acquired by a land bank must be held in the name of the land bank.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter D. Acquisition and Disposition of Property › Section 379H.153. Quiet Title Actions

Sec. 379H.153.  QUIET TITLE ACTIONS.  (a)  A land bank may file an action to quiet title as to any real property in which the land bank has an interest.  For purposes of a quiet title action, the land bank is considered to be the holder of sufficient legal and equitable interests and possessory rights to qualify the land bank as an adequate complainant in the action.
(b)  Before filing an action to quiet title, the land bank shall conduct an examination of title to determine the identity of all persons and entities possessing a claim or interest in or to the real property.  Service of the complaint to quiet title shall be provided to the interested parties by the following methods:
(1)  by first class mail to an identity and address as reasonably ascertainable by an inspection of public records;
(2)  in the case of occupied real property, by registered or certified mail addressed to "occupant";
(3)  by posting a copy of the notice on the real property;
(4)  by publication in a newspaper of general circulation in the municipality in which the property is located; and
(5)  by another method the court may order.
(c)  As part of the complaint to quiet title, a land bank shall file an affidavit identifying all parties potentially having an interest in the real property and the form of notice provided.
(d)  A court hearing an action under this section shall:
(1)  schedule a hearing on the complaint not later than the 90th day after the date of the filing of the affidavit under Subsection (c); and
(2)  issue a final judgment not later than the 120th day after the date of the filing of the complaint for all matters on which an answer was not filed by an interested party.
(e)  A land bank may join in a single complaint to quiet title for one or more parcels of real property.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter D. Acquisition and Disposition of Property › Section 379H.154. Acquisition of Property Generally

Sec. 379H.154.  ACQUISITION OF PROPERTY GENERALLY.  (a)  A land bank may acquire real property by gift, devise, transfer, exchange, foreclosure, purchase, purchase contracts, lease purchase agreements, installment sales contracts, land contracts, or transfers from a municipality on terms as agreed by the land bank and the municipality, or through any other means on terms and in a manner the land bank considers appropriate.
(b)  Notwithstanding any other law to the contrary, a municipality served by a land bank or a non-qualifying municipality that has entered into an interlocal contract with a land bank under Section 379H.104 may transfer to the land bank real property of the municipality or non-qualifying municipality on terms and according to procedures determined by the municipality or non-qualifying municipality.
(c)  A land bank may acquire real property from this state, the municipality served by the land bank, the county in which that municipality is located, a governmental entity within the county, the federal government, or an agency or department of the federal government.
(d)  A land bank shall maintain all of its real property in accordance with the laws and ordinances of the jurisdiction in which the real property is located.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter D. Acquisition and Disposition of Property › Section 379H.156. Redemption by Owner of Foreclosed Property

Sec. 379H.156.  REDEMPTION BY OWNER OF FORECLOSED PROPERTY.  (a)  The owner of real property sold to a land bank under Section 379H.155 may redeem the property in the manner prescribed for owners of real property sold at a tax sale to a purchaser other than a taxing unit under Section 34.21, Tax Code.
(b)  The price to be paid by the owner of real property sold to a land bank under this section to redeem the property shall be in the amounts set forth in Sections 34.21(a) and (e), Tax Code.  For the purposes of calculating the price, the bid paid by the land bank shall be the aggregate amount of the land bank's bid as described by Section 379H.155(b).
(c)  If the owner of real property sold to a land bank under Section 379H.155 redeems the property by paying to the land bank the full amount required to redeem as set forth in Sections 34.21(a) and (e), Tax Code, the land bank shall:
(1)  retain an amount equal to the amount paid in cash by the land bank in accordance with Section 379H.155;
(2)  retain any redemption premium and any reasonable costs the land bank may have expended on maintenance or environmental remediation of the property being redeemed; and
(3)  remit to the county assessor-collector any remaining amounts to be distributed among the taxing units that were parties to the judgment of foreclosure in an amount equal to the proportion of each taxing unit's taxes, penalties, and interest due in accordance with the judgment of foreclosure.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter D. Acquisition and Disposition of Property › Section 379H.158. Disposition of Property for Flood Control and Storm Water Drainage and Planning

Sec. 379H.158.  DISPOSITION OF PROPERTY FOR FLOOD CONTROL AND STORM WATER DRAINAGE AND PLANNING.  (a)  A land bank may convey to a public entity such as a flood control district or a municipal parks and recreation department real property held by the land bank:
(1)  for which the highest and best use is flood control or storm water retention or drainage; and
(2)  that, as a result of housing and building code restrictions, flood plain elevations, other local, state, or federal laws, or public or private agreements, conditions, and limitations, is no longer capable of being developed or redeveloped.
(b)  The transfer of real property by a land bank under this section may be:
(1)  by grant, deed lease, or other conveyance and may include additional limitations, restrictions, and conditions determined by the land bank; and
(2)  for nominal consideration, for consideration consisting of contractual commitments, for an exchange of real properties, or for other consideration determined by the land bank.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter D. Acquisition and Disposition of Property › Section 379H.159. Affordable Housing Policy

Sec. 379H.159.  AFFORDABLE HOUSING POLICY.  The board of a land bank may adopt a policy requiring that a percentage, as determined by the board based on local needs and available land bank inventory, of residential units constructed on residential real property conveyed by the land bank be deed restricted for housing that is affordable to households with an income of not greater than 80 percent of the area median family income, adjusted for household size, for the municipality, as determined annually by the United States Department of Housing and Urban Development.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter E. Financing of Land Bank Operations › Section 379H.201. General Financing

Sec. 379H.201.  GENERAL FINANCING.  (a)  A land bank may receive funding through grants and loans from the municipality that created the land bank, other municipalities, this state, the federal government, and other public or private sources.
(b)  A land bank may receive and retain payments for services rendered, for rents and leasehold payments received, for consideration for disposition of real and personal property, for proceeds of insurance coverage for losses incurred, for income from investments, and for any other asset or activity permitted under this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter E. Financing of Land Bank Operations › Section 379H.202. Sale of Land Bank Property

Sec. 379H.202.  SALE OF LAND BANK PROPERTY.  At the time a land bank sells or otherwise disposes of real property, the proceeds from the sale, if any, shall be allocated to operations and expenses of the land bank.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 379H - Urban Land Bank Program in Municipality With Population of Two Million or More › Subchapter E. Financing of Land Bank Operations › Section 379H.203. Collection of Taxes on Property Conveyed by Land Bank

Sec. 379H.203.  COLLECTION OF TAXES ON PROPERTY CONVEYED BY LAND BANK.  Not more than 75 percent of the real property taxes the municipality that created the land bank collected on real property, excluding any school district or county ad valorem tax, conveyed by a land bank under the laws of this state shall be remitted to the land bank.  The real property taxes of any other taxing unit, as to real property of the land bank, may also be allocated to the land bank in a similar manner under an interlocal agreement between the other taxing unit and the land bank.  The specific percentage of those taxes to be remitted shall be established by ordinance, resolution, or interlocal cooperation agreement of the land bank.  The allocation of property tax revenue shall begin with the first taxable year following the date of conveyance and shall continue for a period of five years.  The funds shall be remitted to the land bank in accordance with the administrative procedures established by the assessor-collector of the county in which the land bank is located.  The allocation of property tax revenue may not occur if those taxes have been previously allocated to a tax increment reinvestment zone, or to secure a debt of the municipality or other taxing unit, unless the municipality or other taxing unit enters into an agreement with the land bank for the remittance of those funds to the land bank.
Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 380 - Miscellaneous Provisions Relating to Municipal Planning and Development › Section 380.001. Economic Development Programs

Sec. 380.001.  ECONOMIC DEVELOPMENT PROGRAMS.  (a)  The governing body of a municipality may establish and provide for the administration of one or more programs, including programs for making loans and grants of public money and providing personnel and services of the municipality, to promote state or local economic development and to stimulate business and commercial activity in the municipality.  For purposes of this subsection, a municipality includes an area that:
(1)  has been annexed by the municipality for limited purposes; or
(2)  is in the extraterritorial jurisdiction of the municipality.
(b)  The governing body may:
(1)  administer a program by the use of municipal personnel;
(2)  contract with the federal government, the state, a political subdivision of the state, a nonprofit organization, or any other entity for the administration of a program;  and
(3)  accept contributions, gifts, or other resources to develop and administer a program.
(c)  Any city along the Texas-Mexico border with a population of more than 500,000 may establish not-for-profit corporations and cooperative associations for the purpose of creating and developing an intermodal transportation hub to stimulate economic development.  Such intermodal hub may also function as an international intermodal transportation center and may be colocated with or near local, state, or federal facilities and facilities of Mexico in order to fulfill its purpose.
Added by Acts 1989, 71st Leg., ch. 555, Sec. 1, eff. June 14, 1989.  Amended by Acts 1999, 76th Leg., ch. 593, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 57 (H.B. 918), Sec. 1, eff. May 17, 2005.