2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 253 - Sale or Lease of Property by Municipalities › Section 253.010. Sale of Real Property to Certain Nonprofit or Religious Organizations

Sec. 253.010.  SALE OF REAL PROPERTY TO CERTAIN NONPROFIT OR RELIGIOUS ORGANIZATIONS.  (a)  Notwithstanding any other provision of law, the governing body of a municipality may provide for the manner in which any land acquired by the municipality may be sold if the land is sold to:
(1)  a nonprofit organization that develops housing for low-income individuals and families as a primary activity to promote community-based revitalization of the municipality;
(2)  a nonprofit corporation described by 26 U.S.C. Section 501(c)(3) that:
(A)  has been incorporated in this state for at least one year;
(B)  has a corporate purpose to develop affordable housing that is stated in its articles of incorporation, bylaws, or charter;
(C)  has at least one-fourth of its board of directors residing in the municipality;  and
(D)  engages primarily in the building, repair, rental, or sale of housing for low-income individuals and families;  or
(3)  a religious organization that:
(A)  owns other property located in the municipality that is exempt from taxation under Section 11.20, Tax Code;  and
(B)  has entered into a written agreement with the municipality regarding the revitalization of the land.
(b)  A municipality operating under this section may by ordinance determine the individuals and families who qualify as low-income individuals and families under Subsection (a)(1) or (2).  In adopting an ordinance under this subsection, the municipality shall consider median income of individuals and median family income in the area.
Added by Acts 1995, 74th Leg., ch. 550, Sec. 1, eff. June 13, 1995.  Amended by Acts 1997, 75th Leg., ch. 712, Sec. 1, eff. June 17, 1997;  Acts 1999, 76th Leg., ch. 181, Sec. 1, eff. Aug. 30, 1999;  Acts 1999, 76th Leg., ch. 817, Sec. 3, eff. Sept. 1, 1999.  Redesignated from Tax Code, Sec. 34.015 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 18.005, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1430, Sec. 33, eff. Sept. 1, 2001.
Sec. 253.011.  CONVEYANCE TO NONPROFIT CORPORATION FOR PUBLIC USE.  (a)  In this section, "nonprofit organization" means an organization exempt from federal taxation under Section 501(c)(3), Internal Revenue Code of 1986, as amended.
(b)  This section does not apply to a municipality with a population of 1.9 million or more.
(c)  A municipality may transfer to a nonprofit organization, for consideration described by this section, real property or an interest in real property without complying with the notice and bidding requirements of Section 272.001(a) or other law.
(d)  Consideration for the transfer authorized by this section shall be in the form of an agreement between the parties that requires the nonprofit organization to use the property in a manner that primarily promotes a public purpose of the municipality.  If the nonprofit organization at any time fails to use the property in that manner, ownership of the property automatically reverts to the municipality.
(e)  The municipality shall transfer the property by an appropriate instrument of transfer.  The instrument must include a provision that:
(1)  requires the nonprofit organization to use the property in a manner that primarily promotes a public purpose of the municipality;  and
(2)  indicates that ownership of the property automatically reverts to the municipality if the nonprofit organization at any time fails to use the property in that manner.
(f)  Provided, however, that if the real property to be transferred lies outside the municipality's corporate limits and outside the county where 80 percent of the municipality's residents reside, the municipality must obtain the consent of the county commissioners court in the county where the real property is located.
Added by Acts 2001, 77th Leg., ch. 784, Sec. 1, eff. Sept. 1, 2001.