2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 60 - Navigation Districts--General Provisions › Subchapter C. Additional Powers and Duties of Certain Districts › Section 60.038. Disposition of Interests in Real Property

Sec. 60.038.  DISPOSITION OF INTERESTS IN REAL PROPERTY.  (a)  A district may sell, exchange, or lease real property or any interest in real property owned by it, whether the real property was acquired by gift or purchase, in settlement of any litigation, controversy, or claim in behalf of the district, or in any other manner, except that lands or flats heretofore purchased from the State of Texas under former Article 8225, Revised Civil Statutes of Texas, 1925, or granted by the State of Texas in any general or special act, may be sold only to the State of Texas or exchanged with the State of Texas for other lands or exchanged for adjacent littoral land as authorized by Section 61.117.  The district may impose restrictions on the development, use, and transfer of any real property or interest in real property in connection with its sale or exchange under this section.
(b)  Except as provided by Subsection (e), before a district may sell or exchange real property, the commission shall determine by resolution that the real property is no longer needed for use by the district in connection with the development of a navigation project.
(c)  Except as provided by Subsection (e), (f), or (g), a sale or exchange of real property shall be made as provided by Sections 60.040, 60.041, and 60.042.
(d)  A district may not convey or exchange an interest in real property to an individual or private entity for the purpose of bedding or harvesting oysters, regardless of whether the bedding or harvesting is to be done directly by the individual or private entity or the heirs, successors, or assigns of the individual or private entity.
(e)  A district may donate, exchange, convey, sell, or lease land, improvements, easements, or any other interests in real property to an electric utility, as that term is defined by Section 31.002, Utilities Code, or a telecommunications utility, as that term is defined by Section 51.002, Utilities Code, to promote a public purpose related to the development of the district.  The district shall determine the terms and conditions of the transaction so as to:
(1)  achieve the public purpose; and
(2)  be consistent with the requirements of Title 2, Utilities Code.
(f)  A district may donate, exchange, convey, sell, or lease a real property interest under Subsection (e) for less than its fair market value and without complying with the notice and bidding requirements of Sections 60.040, 60.041, and 60.042.
(g)  Narrow strips of real property resulting from boundary or surveying conflicts or similar causes, or from insubstantial encroachments by abutting real property owners, or real property of larger configuration that has been subject to encroachments by abutting real property owners for more than 25 years may be abandoned, released, exchanged, or transferred to such abutting owners on terms and conditions considered appropriate or advantageous to the district.  A district may convey real property under this subsection for less than its fair market value and without complying with the notice and bidding requirements of Sections 60.040, 60.041, and 60.042.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1973, 63rd Leg., p. 556, ch. 237, Sec. 3, eff. June 11, 1973;  Acts 1975, 64th Leg., p. 801, ch. 310, Sec. 1, eff. May 27, 1975.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 5, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 236 (S.B. 1438), Sec. 1, eff. May 25, 2019.
Acts 2023, 88th Leg., R.S., Ch. 81 (S.B. 818), Sec. 1, eff. May 19, 2023.
Acts 2023, 88th Leg., R.S., Ch. 81 (S.B. 818), Sec. 2, eff. May 19, 2023.