reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter Z. Miscellaneous Provisions › Section 271.906. Reverse Auction Method of Purchasing

Sec. 271.906.  REVERSE AUCTION METHOD OF PURCHASING.  (a)  A local government, as defined by Section 271.081, may use the reverse auction procedure, as defined by Section 2155.062(d), Government Code, in purchasing goods and services in place of any other method of purchasing that would otherwise apply to the purchase.
(b)  A local government that uses the reverse auction procedure must include in the procedure a notice provision and other provisions necessary to produce a method of purchasing that is advantageous to the local government and fair to vendors.
Added by Acts 2001, 77th Leg., ch. 436, Sec. 6, eff. May 28, 2001.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter Z. Miscellaneous Provisions › Section 271.907. Vendors That Meet or Exceed Air Quality Standards

Sec. 271.907.  VENDORS THAT MEET OR EXCEED AIR QUALITY STANDARDS.  (a)   In this section, "governmental agency" has the meaning assigned by Section 271.003.
(b)  This section applies only to a contract to be performed, wholly or partly, in a nonattainment area or in an affected county, as those terms are defined by Section 386.001, Health and Safety Code.
(c)  A governmental agency procuring goods or services may:
(1)  give preference to goods or services of a vendor that demonstrates that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality;  or
(2)  require that a vendor demonstrate that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality.
(d)  The preference may be given only if the cost to the governmental agency for the goods or services would not exceed 105 percent of the cost of the goods or services provided by a vendor who does not meet the standards.
Added by Acts 2003, 78th Leg., ch. 1331, Sec. 20, eff. June 20, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 14.02, eff. Jan. 11, 2004;  Acts 2003, 78th Leg., 3rd C.S., ch. 11, Sec. 2, eff. Oct 20, 2003.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter Z. Miscellaneous Provisions › Section 271.908. Local Government Contracts With Private Entities for Civil Works Projects and Improvements to Real Property

Sec. 271.908.  LOCAL GOVERNMENT CONTRACTS WITH PRIVATE ENTITIES FOR CIVIL WORKS PROJECTS AND IMPROVEMENTS TO REAL PROPERTY.  (a)  In this section, "civil works project" and "local governmental entity" have the meanings assigned by Section 271.181.
(b)  A local governmental entity may contract with a private entity to act as the local governmental entity's agent in the design, development, financing, maintenance, operation, or construction, including oversight and inspection, of:
(1)  a civil works project; or
(2)  an improvement to real property.
(c)  A local governmental entity contracting under this section shall:
(1)  select the private entity based on the private entity's qualifications and experience; and
(2)  enter into a project development agreement with the private entity.
(d)  The selected private entity shall comply with:
(1)  Chapters 1001 and 1051, Occupations Code;
(2)  all laws relating to procurement of professional services under Chapter 2254, Government Code; and
(3)  all laws relating to procurement under this chapter that apply to the local governmental entity that selected the private entity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1024 (H.B. 2729), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 272 - Sale or Lease of Property by Municipalities, Counties, and Certain Other Local Governments › Section 272.002. Conveyances by Certain Political Subdivisions to the United States for Purposes Related to Waterways

Sec. 272.002.  CONVEYANCES BY CERTAIN POLITICAL SUBDIVISIONS TO THE UNITED STATES FOR PURPOSES RELATED TO WATERWAYS.  (a)  This section applies to property, including land or an interest in land, that:
(1)  is owned by:
(A)  a county having a boundary coinciding with a part of the international boundary between the United States and Mexico;
(B)  a county contiguous to a county described by Paragraph (A);  or
(C)  a municipal corporation, political subdivision, or district organized under the state constitution and statutes and located in a county described by Paragraph (A) or (B), including a municipality, independent school district, common school district, water improvement district, water control and improvement district, navigation district, road district, levee district, or drainage district;  and
(2)  is desired by the United States to enable a department or establishment of the United States to carry out a federal law in aid of navigation, flood control, or improvement of water courses and to accomplish the purposes specified by Section 2204.101, Government Code, and is necessary for the construction, operation, and maintenance of works required for those purposes.
(b)  On the request of the United States through its proper officers, an entity described by Subsection (a)(1) may convey with or without monetary consideration the title or an easement to the property to the United States or to another entity described by Subsection (a)(1) that has agreed by resolution of its governing body to acquire the property for conveyance to the United States.
(c)  All rights conferred by law to the Port of Harlingen Authority to develop a navigation project and all improvements incidental, necessary, or convenient for that project are reserved for the authority.  This section does not take away any right of the authority to dredge, widen, straighten, or otherwise improve the Arroyo-Colorado and all other lakes, bays, streams, or bodies of water within, or adjacent or appurtenant to, the boundaries of the authority as a navigation project or to construct turning basins, yacht basins, or port facilities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(24), eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 272 - Sale or Lease of Property by Municipalities, Counties, and Certain Other Local Governments › Section 272.003. Rental of Office Space by County or Municipality for Unemployment Relief Administration

Sec. 272.003.  RENTAL OF OFFICE SPACE BY COUNTY OR MUNICIPALITY FOR UNEMPLOYMENT RELIEF ADMINISTRATION.  (a)  The commissioners court of a county or the governing body of a municipality may lease, rent, or provide office space to aid and cooperate with state and federal agencies engaged in the administration of relief to the unemployed or needy people of the state.  The commissioners court or governing body may pay the regular monthly utility bills for the office space, including bills for electricity, gas, and water.
(b)  If a majority of the commissioners court considers the office space essential to the proper administration of the state or federal agency, the court may pay for the space and the regular monthly utility bills out of the general fund of the county by warrants as in the payment of other obligations of the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 272 - Sale or Lease of Property by Municipalities, Counties, and Certain Other Local Governments › Section 272.004. Transfers of Property by Certain Political Subdivisions

Sec. 272.004.  TRANSFERS OF PROPERTY BY CERTAIN POLITICAL SUBDIVISIONS.  (a)  In this section, "political subdivision" has the same meaning as the term "issuer" under Section 1371.001, Government Code.
(b)  A political subdivision may sell, lease as a lessee or lessor, or otherwise transfer property in the same manner as the subregional board of a regional transportation authority under Sections 452.108(d) and (e), Transportation Code.
(c)  A sale, lease, or other transfer of property under this section must be approved by a majority of the voters voting at an election held within the boundaries of the political subdivision if the agreement:
(1)  involves the levy by the political subdivision of a tax in an amount sufficient to make payments due under the agreement;  and
(2)  is executed on or after September 1, 1999.
Added by Acts 1999, 76th Leg., ch. 1284, Sec. 1, eff. Aug. 30, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.300, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 272 - Sale or Lease of Property by Municipalities, Counties, and Certain Other Local Governments › Section 272.005. Lease of Property to Governmental Entity

Sec. 272.005.  LEASE OF PROPERTY TO GOVERNMENTAL ENTITY.  (a)  To promote a public purpose of the political subdivision, a political subdivision may:
(1)  lease property owned by the political subdivision to another political subdivision or an agency of the state or federal government; or
(2)  make an agreement to provide office space in property owned by the political subdivision to the other political subdivision or agency.
(b)  In acting under Subsection (a), the political subdivision:
(1)  shall determine the terms of the lease or agreement so as to promote and maintain the public purpose;
(2)  may provide for the lease of the property or provision of the office space at less than fair market value; and
(3)  is not required to comply with any competitive purchasing procedure or any notice and publication requirement imposed by this chapter or other law.
Added by Acts 2007, 80th Leg., R.S., Ch. 245 (H.B. 2618), Sec. 1, eff. May 25, 2007.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 272 - Sale or Lease of Property by Municipalities, Counties, and Certain Other Local Governments › Section 272.006. Sale or Transfer of Law Enforcement Vehicle

Sec. 272.006.  SALE OR TRANSFER OF LAW ENFORCEMENT VEHICLE.  (a) In this section, "political subdivision" means a county, municipality, school district, junior college district, other special district, or other subdivision of state government.
(b)  A political subdivision may not sell or transfer a marked patrol car or other law enforcement motor vehicle to the public unless the political subdivision first removes any equipment or insignia that could mislead a reasonable person to believe that the vehicle is a law enforcement motor vehicle, including any police light, siren, amber warning light, spotlight, grill light, antenna, emblem, outline of an emblem, or emergency vehicle equipment.
(c)  A political subdivision may not sell or transfer a marked patrol car or other political subdivision law enforcement motor vehicle to a security services contractor who is regulated by the Department of Public Safety and licensed under Chapter 1702, Occupations Code, unless each emblem or insignia that identifies the vehicle as a law enforcement motor vehicle is removed before the sale or transfer.
(d)  A political subdivision that sells or transfers a marked patrol car or other law enforcement motor vehicle to the public in violation of this section is liable:
(1)  for damages proximately caused by the use of that vehicle during the commission of a crime; and
(2)  to this state for a civil penalty of $1,000.
(e)  The attorney general may bring an action to recover the civil penalty imposed under Subsection (d)(2).
(f)  Governmental immunity to suit and from liability is waived and abolished to the extent of liability created by Subsection (d).
Added by Acts 2015, 84th Leg., R.S., Ch. 274 (H.B. 473), Sec. 3, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1068 (H.B. 3223), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 273 - Acquisition of Property for Public Purposes by Municipalities, Counties, and Other Local Governments › Section 273.001. Acquisition of Property; Exercise of Police Power

Sec. 273.001.  ACQUISITION OF PROPERTY;  EXERCISE OF POLICE POWER.  (a)  A municipality may, in accordance with this chapter, acquire property separately or jointly with another municipality or other governmental entity by gift, dedication, or purchase, with or without condemnation.
(b)  The property must be located within the county where the municipality or other governmental entity is located.  The property may be located inside or outside the corporate limits of the municipality.
(c)  The property must be used for the following public purposes:
(1)  parks and playgrounds;
(2)  hospitals;
(3)  the extension, improvement, and enlargement of its water system, including riparian rights, water supply reservoirs, standpipes, watersheds, and dams;
(4)  the laying, building, maintenance, and construction of water mains;
(5)  the laying, erection, establishment, and maintenance of necessary appurtenances or facilities that will furnish to the inhabitants of the municipality an abundant supply of wholesome water;
(6)  sewage plants and systems;
(7)  rights of way for water and sewer lines;
(8)  airports and landing fields;
(9)  incinerators and garbage disposal plants;
(10)  streets, boulevards, alleys, or other public ways;  or
(11)  a right of way needed in connection with property used for any of these purposes.
(d)  The municipality may exercise police power within an area acquired under this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 273 - Acquisition of Property for Public Purposes by Municipalities, Counties, and Other Local Governments › Section 273.002. Condemnation

Sec. 273.002.  CONDEMNATION.  Condemnation of property under this chapter shall be in accordance with state law relating to eminent domain, which may be Chapter 21, Property Code, or any other state law governing and relating to the condemnation of land for public use by a municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 273 - Acquisition of Property for Public Purposes by Municipalities, Counties, and Other Local Governments › Section 273.003. Necessary Alterations

Sec. 273.003.  NECESSARY ALTERATIONS.  (a)  If, in acting under this chapter, it is necessary for a municipality or other governmental entity to exercise the power of eminent domain, a police power, or any other power in order to make an alteration, including relocating, raising, lowering, rerouting, changing the grade, or altering the construction of a railroad, electric transmission, telegraph or telephone line, conduit, pole, property or facility, or pipeline outside the corporate limits of municipalities, the alteration shall be made at the sole expense of the municipality or other governmental entity.
(b)  In this section, "sole expense" means the actual cost of an alteration made under Subsection (a) and of the provision of a comparable replacement without enhancement of the facility, after deducting the net salvage value derived from the old facility.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 273 - Acquisition of Property for Public Purposes by Municipalities, Counties, and Other Local Governments › Section 273.004. Control by a Municipality Within Its Corporate Limits

Sec. 273.004.  CONTROL BY A MUNICIPALITY WITHIN ITS CORPORATE LIMITS.  This chapter does not affect the existing lawful rights of a municipality to control the streets, alleys, public ways, and other public grounds within its corporate limits.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 273 - Acquisition of Property for Public Purposes by Municipalities, Counties, and Other Local Governments › Section 273.005. Maintenance, Improvement, and Operation of Property

Sec. 273.005.  MAINTENANCE, IMPROVEMENT, AND OPERATION OF PROPERTY.  (a)  A municipality, or a municipality and another governmental entity, that acquires property under this chapter may maintain, improve, operate, sell, and lease the property, and the improvements on the property.
(b)  If the property is owned by two or more governmental entities, the entities may jointly manage, control, and operate the property by entering into a mutually agreeable contract.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 273 - Acquisition of Property for Public Purposes by Municipalities, Counties, and Other Local Governments › Section 273.006. Warrants and Bonds

Sec. 273.006.  WARRANTS AND BONDS.  The governing body of a municipality or the commissioners court of a county for the purpose of purchasing or condemning property under this chapter, and improving or equipping the property, may issue negotiable warrants and bonds of the municipality or of the county and levy taxes to provide for the interest and sinking funds of the warrants and bonds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 273 - Acquisition of Property for Public Purposes by Municipalities, Counties, and Other Local Governments › Section 273.007. Use; Charge for Use

Sec. 273.007.  USE;  CHARGE FOR USE.  (a)  A municipality or other governmental entity acquiring property or making improvements to property under this chapter may make and enforce rules governing the use of the property and improvements as the municipality or other governmental entity may determine by ordinance.
(b)  A municipality acquiring property or making improvements to property under this chapter may fix a reasonable charge for the use of the property or improvements as determined by the governing body of the municipality.  If the property has been jointly acquired, the charge may be fixed by mutual agreement of the governing body of the municipality and other governmental entity.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 273 - Acquisition of Property for Public Purposes by Municipalities, Counties, and Other Local Governments › Section 273.008. Special Tax

Sec. 273.008.  SPECIAL TAX.  (a)  The governing body of a municipality and the commissioners court of a county may levy and collect a special tax for the purpose of improving, operating, maintaining, and conducting the property the municipality or county acquires under this chapter and for providing all suitable structures and facilities on that property.
(b)  This special tax is in addition to and exclusive of a tax that may be levied for the interest and sinking fund of a bond issued under this chapter.
(c)  A municipality acquiring property under this section may contract and expend its public funds in the joint or several operation and maintenance of a municipal function authorized by this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 273 - Acquisition of Property for Public Purposes by Municipalities, Counties, and Other Local Governments › Section 273.009. Cumulative of Municipal Charter Provisions

Sec. 273.009.  CUMULATIVE OF MUNICIPAL CHARTER PROVISIONS.  This chapter is cumulative of municipal charter provisions relating to the same subject.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 280 - Miscellaneous Provisions Affecting Acquisition, Sale, or Lease of Property by Municipalities and Counties › Section 280.001. Land for Use of United States

Sec. 280.001.  LAND FOR USE OF UNITED STATES.  (a)  A municipality or county, separately or jointly, may acquire land for the use of the United States government, either by a lease for a term of years or in fee simple title.
(b)  Land acquired under this section by a county must be located within the county.  Land acquired under this section by a municipality must be located within the county in which the municipality is located.
(c)  For the purpose of acquiring land under this section, a municipality or county may appropriate any available funds and issue time warrants in payment.  If time warrants are issued, the provisions of Chapter 252 or Subchapter C of Chapter 262  shall be followed to the extent applicable.
(d)  For the purpose of acquiring land under this section, a municipality or county may condemn land.  The condemnation may be for any period of years or in fee simple title.  Condemnation may be in the name of the municipality or county.
(e)  Prior to the filing of a petition for condemnation, the commissioners court of the county or the governing body of the municipality shall estimate an amount of money to be the just compensation for the interest in the land taken, and the petition shall state that amount.
(f)  Immediately after filing a condemnation suit, the municipality or county may take possession of the land by depositing with the county clerk the amount of money estimated.  After a hearing as provided by law, if the special commissioners appointed under the condemnation statutes find the just compensation to be greater than the amount fixed by the commissioners court or governing body, an additional amount shall be deposited with the county clerk by the taking authority to equal the amount found by the special commissioners.
(g)  After the date of the taking, which is the date of the deposit of the money estimated by the commissioners court or governing body or the date of deposit of the amount fixed by the special commissioners if the taking is not desired until after the special commissioners have acted, the municipality or county may transfer the interest acquired by the taking to the United States government.
(h)  A municipality or county may contract with the United States government obligating itself to acquire a lease-hold interest or fee simple title in land as authorized by this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 40, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 280 - Miscellaneous Provisions Affecting Acquisition, Sale, or Lease of Property by Municipalities and Counties › Section 280.002. Acquisition of Real Property Permitted in Certain Circumstances

Sec. 280.002.  ACQUISITION OF REAL PROPERTY PERMITTED IN CERTAIN CIRCUMSTANCES.  (a)  Except as provided by Subsection (d), a local government may accept ownership of property located in the jurisdiction of the local government if:
(1)  the property is properly conveyed as a gift by a grantor who acquired title to the property from a debtor in default;
(2)  the grantor sent to the local government by registered mail a notice of the grantor's intent to convey the property to the local government;  and
(3)  the conveyance instrument grants to the local government unencumbered title to the property.
(b)  The notice required by Subsection (a)(2) must be delivered to the county clerk of the county or the municipal clerk or secretary of the municipality in which the property is located.  The county clerk or the municipal clerk or secretary shall place the notice of the intended conveyance on the agenda for a meeting of the governing body of the local government within 60 days.  The grantor or the grantor's representative shall appear before the governing body of the local government at the meeting to answer any questions about the property.  The local government shall accept or reject the proposed conveyance within 90 days of the meeting.
(c)  A grantor may convey title to property to a local government under Subsection (a) immediately after the governing body of the local government approves the conveyance.
(d)  A local government may not accept property conveyed under this section if:
(1)  an unabated nuisance exists on the property;  or
(2)  ownership of the property will subject the local government to liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.), Chapter 361, Health and Safety Code, or Subchapter I, Chapter 26, Water Code.
(e)  A local government that accepts property under this section may retain the property or dispose of the property by any method authorized by law.
(f)  In this section, "local government" means a municipality or county.
(g)  This section is cumulative of other statutory provisions relating to the same subject.
Added by Acts 1995, 74th Leg., ch. 775, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 280 - Miscellaneous Provisions Affecting Acquisition, Sale, or Lease of Property by Municipalities and Counties › Section 280.003. Hospital Sites in County or Municipality

Sec. 280.003.  HOSPITAL SITES IN COUNTY OR MUNICIPALITY.  (a)  The commissioners court of a county or the governing body of a municipality may issue bonds that are payable from ad valorem taxes and use the proceeds from the sale of the bonds to acquire by purchase, condemnation, or both, land to be used for hospital purposes.
(b)  A county or municipality that has sufficient money in its general fund may use money in that fund to acquire land to be used for hospital purposes.
(c)  A county or municipality that owns land suitable for hospital purposes, including land acquired under Subsection (a) or (b), may donate the land to this state or to the United States for hospital purposes if this state or the United States agrees to erect and maintain a hospital on the land.
(d)  A county or municipality may accept a nominal award as full compensation for land that is suitable for hospital purposes in a condemnation proceeding brought by this state or by the United States to acquire the land for hospital purposes.
(e)  If bonds are issued under Subsection (a), the commissioners court or the governing body must impose the taxes in compliance with the applicable provisions of Subtitles A and C, Title 9, Government Code.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 10, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 280 - Miscellaneous Provisions Affecting Acquisition, Sale, or Lease of Property by Municipalities and Counties › Section 280.004. Regional Business Certification Programs

Sec. 280.004.  REGIONAL BUSINESS CERTIFICATION PROGRAMS.  (a)  Any combination of counties, municipalities, special districts, or other political subdivisions, by ordinance, resolution, rule, order, or other means, may agree to establish a regional business certification program to be used in connection with the political subdivisions' purchasing procedures.
(b)  A consolidated entity administering a program established under this section may adopt rules, regulations, or other provisions that are designed to streamline and centralize the certification process of qualified businesses, including small and emerging businesses, and that allow businesses, as a result of being certified by the program, to participate in the contracting and procurement process of any member entity involved in the regional business certification program.
(c)  The purpose of this section is to permit participating political subdivisions the greatest possible flexibility to organize a regional business certification program most suitable to address the region's problems related to business certification.
Added by Acts 1999, 76th Leg., ch. 986, Sec. 1, eff. June 18, 1999.  Renumbered from Sec. 280.003 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(86), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter A. General Provisions › Section 281.001. Short Title

Sec. 281.001.  SHORT TITLE.  This chapter may be cited as the Civic Center Authority Act.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter A. General Provisions › Section 281.002. Definitions

Sec. 281.002.  DEFINITIONS.  In this chapter:
(1)  "Authority" means a civic center authority created under this chapter.
(2)  "Board" means the board of directors of a civic center authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter B. Creation of Authorities › Section 281.011. Characteristics

Sec. 281.011.  CHARACTERISTICS.  (a)  An authority is a governmental agency, a body politic and corporate, and a political subdivision of the state.
(b)  An authority may not impose taxes.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter B. Creation of Authorities › Section 281.012. Composition

Sec. 281.012.  COMPOSITION.  (a)  An authority may include the area of any county or part of a county, including municipalities and other political subdivisions.
(b)  An authority may consist of noncontiguous tracts.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter B. Creation of Authorities › Section 281.013. Petition

Sec. 281.013.  PETITION.  (a)  To create an authority, a petition requesting the creation must be filed with the county judge of the county in which the proposed authority is located.  The petition must be accompanied by a deposit of $200.
(b)  The deposit is to cover the costs of the notice required by Section 281.014(c).  If the deposit exceeds the cost of the notice, the difference shall be refunded.
(c)  The petition must include:
(1)  the signatures of a majority of the members of the governing body of at least:
(A)  one municipality, if the county in which the proposed authority is located has only one municipality;  or
(B)  two municipalities, if the county in which the proposed authority is located has two or more municipalities;
(2)  a description of the boundaries of the proposed authority;
(3)  the names of the persons recommended for the first board of directors;
(4)  a statement of the desirability of or need for the creation of the authority;  and
(5)  the name of the proposed authority.
(d)  The boundaries of the proposed authority may be described in the petition by:
(1)  metes and bounds or by lot and block number, if there is a recorded map or plat and survey of the area;
(2)  natural or artificial boundaries or survey lines;  or
(3)  if the proposed authority is composed entirely of municipalities, a statement that the authority is composed entirely of municipalities and a list of the municipalities in the proposed authority.
(e)  The name of the proposed authority must consist of a word or phrase generally descriptive of the locale of the authority followed by the words "Civic Center Authority."  The name may not be the same as the name of another authority in the same county.
(f)  A copy of the petition shall be recorded in the county deed records.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 111, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter B. Creation of Authorities › Section 281.014. Notice

Sec. 281.014.  NOTICE.  (a)  When a petition is filed with the county judge, the judge shall set a date, time, and place for a hearing on the petition by the judge.
(b)  The date of the hearing must be within 20 days after the date the petition is filed.
(c)  The county judge shall issue a notice of the date, time, and place of the hearing that informs all persons of their right to appear and contest the form and allegations of the petition and the desirability of or need for the creation of the proposed authority.  Before the 10th day before the date of the hearing, the notice must be published at least one time in a newspaper having general circulation in the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter B. Creation of Authorities › Section 281.015. Hearing

Sec. 281.015.  HEARING.  (a)  At the hearing, the county judge shall examine the petition to determine its sufficiency.  The county judge may determine all issues raised regarding the sufficiency of the petition and the creation of the authority and may enter orders incidental to the issues.
(b)  Any interested person may appear at the hearing, in person or by attorney, and offer testimony regarding the sufficiency of the petition and whether the creation of the authority is desirable or necessary.
(c)  The county judge may adjourn the hearing from day to day.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter B. Creation of Authorities › Section 281.016. Final Order and Appeal

Sec. 281.016.  FINAL ORDER AND APPEAL.  (a)  The county judge shall grant the petition if the judge finds that the petition conforms to the requirements of Section 281.013 and that the creation of the authority is desirable or necessary.  The judge by order shall declare the findings.
(b)  If the county judge finds that the authority is neither desirable nor necessary, the judge by order shall deny the petition.
(c)  Within 30 days after the date of the entry of the order, any person who signed the petition or who testified at the hearing may appeal the order to an appropriate district court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter C. Administrative Provisions › Section 281.021. Board of Directors

Sec. 281.021.  BOARD OF DIRECTORS.  (a)  An authority must be governed by a board of directors composed of 5, 7, 9, or 11 directors.
(b)  A majority of the directors constitute a quorum and a concurrence of the majority is sufficient in all matters relating to the business of the authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter C. Administrative Provisions › Section 281.022. Qualifications

Sec. 281.022.  QUALIFICATIONS.  A director must be at least 18 years old and a citizen of the state residing within the boundaries of the authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter C. Administrative Provisions › Section 281.023. Terms of Office; Appointments; Vacancies

Sec. 281.023.  TERMS OF OFFICE;  APPOINTMENTS;  VACANCIES.  (a)  Each director is appointed for a term of office of two years.
(b)  The term of office of the first board begins on the date the authority is created.  The county judge shall appoint successor directors with the advice and consent of, and from among persons recommended by, all the municipalities within the authority that contract with the authority under this chapter.
(c)  If a vacancy occurs on the board or in any office on the board, the board shall appoint a person to fill the vacancy for the unexpired term.  However, if the number of directors at any time is less than a majority of the positions on the board because of the failure or refusal of one or more directors to qualify to serve, the death or incapacitation of one or more directors, or any other reason, on the petition of a resident of the authority the county judge shall appoint persons to fill the vacancies.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter C. Administrative Provisions › Section 281.024. Bond; Oaths of Office

Sec. 281.024.  BOND;  OATHS OF OFFICE.  (a)  As soon as practicable after a director is appointed, the director shall execute a bond that is:
(1)  in the amount of $5,000;
(2)  payable to the authority;  and
(3)  conditioned that the director will faithfully perform the director's duties.
(b)  Each director shall take the oath of office prescribed by the constitution and a written oath that the director will not have an interest, directly or indirectly, in a contract with, or claim against, the authority except for a contract or claim expressly authorized by law or a warrant issued to the director as a fee of office.
(c)  After a petition for the creation of an authority is granted, the first members of the board must execute their bonds and take the oaths.  After the bonds are executed and the oaths are taken, the board shall meet and organize.
(d)  The bond of a director on the first board must be approved by the county judge.  The bond of a subsequent director must be approved by the board.
(e)  The bond and oaths required by this section must be filed with the authority and the authority shall keep the bond and oaths in its records.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter C. Administrative Provisions › Section 281.025. Officers

Sec. 281.025.  OFFICERS.  (a)  After executing the bonds and taking the oaths, the directors shall elect a president, vice-president, secretary, and any other officers the board considers necessary.
(b)  The president is the chief executive officer of the authority and shall preside at each meeting of the board.
(c)  The vice-president shall act as president if the president is absent or disabled.  The secretary shall act as president if both the president and the vice-president are absent or disabled.
(d)  The secretary shall provide for the proper keeping of the books and records of the authority.  The board may appoint a director, the general manager, or any other employee as assistant or deputy secretary to assist the secretary, and that person may certify the authenticity of any record of the authority.
(e)  A director of a state or national bank may serve as the authority's treasurer.
(f)  The treasurer shall execute a bond, in an amount set by the board, conditioned that the treasurer will faithfully account for all money of which the treasurer assumes custody in the capacity of treasurer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter C. Administrative Provisions › Section 281.026. Bylaws

Sec. 281.026.  BYLAWS.  The board may adopt bylaws to govern:
(1)  the time and place of its meetings;
(2)  the manner of conducting its meetings;
(3)  the powers, duties, and responsibilities of its officers and employees;
(4)  the disbursement of funds by checks, drafts, and warrants;
(5)  the appointment and authority of director committees;
(6)  the keeping of records and accounts;  and
(7)  other matters that the board considers appropriate.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter C. Administrative Provisions › Section 281.027. Office and Meeting Place

Sec. 281.027.  OFFICE AND MEETING PLACE.  (a)  The board shall designate, establish, and maintain an office and meeting place within the authority.  The board may also establish a meeting place outside the authority.
(b)  If the board establishes a meeting place outside the authority or changes the location of a meeting place established outside the authority, it shall file with the county clerk a copy of the order establishing or relocating the meeting place and shall publish the location in a newspaper of general circulation in the county in which the authority is located.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter C. Administrative Provisions › Section 281.028. Meetings; Notice

Sec. 281.028.  MEETINGS;  NOTICE.  (a)  The board shall hold regular meetings to conduct authority business and may hold special meetings as required by authority business.
(b)  The board shall hold its meetings in one of its designated meeting places.
(c)  Any interested person may attend any meeting of the board.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter C. Administrative Provisions › Section 281.029. Fees of Office

Sec. 281.029.  FEES OF OFFICE.  A director is entitled to receive fees of office of not more than $25 a day for each day of service necessary to the discharge of the director's duties, but may not receive more than $100 for any calendar month regardless of the number of days of service during that month.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.041. Organizational Expenses

Sec. 281.041.  ORGANIZATIONAL EXPENSES.  The board may pay costs necessarily incurred in the creation and organization of the authority, including the cost of investigating and making plans, an engineer's or architect's report, and other incidental expenses, and may reimburse any person for money advanced for those purposes.  The payments may be made from money obtained from the sale of the first bonds issued by the authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.042. Management

Sec. 281.042.  MANAGEMENT.  The board shall control and manage the affairs of the authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.