reglab/statecodes huggingface dataset:
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 253.002. Transactions Concerning an Island, Flat, or Submerged Land

Sec. 253.002.  TRANSACTIONS CONCERNING AN ISLAND, FLAT, OR SUBMERGED LAND.  (a)  A municipality may sell, convey, lease, or provide an option to all or a part of an island, flat, or submerged land the municipality owns and may make development plans and contracts for these purposes, at the times and on the terms that the governing body determines are proper and in the public interest, if the state or the Republic of Texas relinquished its interest in the land to the municipality before April 23, 1953.
(b)  For a home-rule municipality the charter of which authorizes a referendum on such a transaction, the governing body may make the transaction without advertising or receiving bids, but the transaction may not take effect unless either it has been approved at a referendum ordered for that purpose or the period for the submission of a petition for a referendum on the transaction has expired.
(c)  This section does not grant or convey to a municipality title to oil, gas, or other minerals.
(d)  This section prevails over any conflicting charter provision of a home-rule municipality.
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 A - Municipal Acquisition, Sale, or Lease of Property › Chapter 253 - Sale or Lease of Property by Municipalities › Section 253.003. Purchase and Sale of Federal Property

Sec. 253.003.  PURCHASE AND SALE OF FEDERAL PROPERTY.  (a)  The governing body of a municipality with fewer than 10,000 inhabitants may purchase for municipal purposes any real property, including improvements on the property, that the federal government offers for sale to the municipality.
(b)  If the purpose for which property purchased under this section ceases to exist or if the property is no longer needed for the purpose, the governing body may sell and convey the property for the highest obtainable price.
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 A - Municipal Acquisition, Sale, or Lease of Property › Chapter 253 - Sale or Lease of Property by Municipalities › Section 253.004. Grant or Lease of Property for Juvenile Board

Sec. 253.004.  GRANT OR LEASE OF PROPERTY FOR JUVENILE BOARD.  A home-rule municipality by grant or lease may donate to the county in which the municipality is located any unimproved land for use by a juvenile board 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 A - Municipal Acquisition, Sale, or Lease of Property › Chapter 253 - Sale or Lease of Property by Municipalities › Section 253.005. Lease of Oil, Gas, or Mineral Land

Sec. 253.005.  LEASE OF OIL, GAS, OR MINERAL LAND.  (a)  Except as provided by Subsection (b), a municipality may lease oil, gas, or mineral land that it owns, in the manner and on the terms that the governing body of the municipality determines, for the benefit of the municipality.  A lease under this section is not a sale under the law governing the sale of municipal land.
(b)  A municipality may lease under this section a street, alley, or public square in the municipality if the lease prohibits the lessee from using the surface of the land for drilling, production, or other operations.  In this subsection, "public square" does not include a dedicated public park.
(c)  A well may not be drilled in the thickly settled part of the municipality or within 200 feet of a private residence.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 446 (H.B. 2333), Sec. 1, eff. June 19, 2009.
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 253.006. Lease of Municipal Hospital or Swimming Pool

Sec. 253.006.  LEASE OF MUNICIPAL HOSPITAL OR SWIMMING POOL.  (a)  The governing body of a municipality with a population of 65,000 or less may lease all or part of a hospital owned by the municipality, to be operated by the lessee as a public hospital.
(b)  The governing body of any municipality may lease a swimming pool owned by the municipality, to be operated by the lessee as a public swimming pool.
(c)  A lease under this section must:
(1)  be authorized by ordinance or resolution adopted by the governing body;
(2)  be executed on behalf of the municipality by the mayor and the municipal secretary or clerk;
(3)  be impressed with the municipal seal;  and
(4)  cover a period of not more than 50 years.
(d)  A lease under this section is subject to the terms agreed to by the governing body and the lessee.
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 A - Municipal Acquisition, Sale, or Lease of Property › Chapter 253 - Sale or Lease of Property by Municipalities › Section 253.007. Sale or Lease of Computer Software by Certain Municipalities

Sec. 253.007.  SALE OR LEASE OF COMPUTER SOFTWARE BY CERTAIN MUNICIPALITIES.  (a)  This section applies only to a municipality that has a population of more than 5,000.
(b)  A municipality that independently or in conjunction with any person develops automated information systems software may contract with a person for the sale, lease, marketing, or other distribution of the software.  Any release of municipally developed automated information systems software must be under a contract that provides that the municipality will receive a royalty, license right, or other appropriate compensation for developing the software.  The provisions of Chapter 552, Government Code, governing the cost of making copies of public records do not apply to automated information systems software subject to a contract under this section.
(c)  In this section, "automated information systems software" means any procedure or software that is designed, operated, or maintained to collect, record, process, store, retrieve, display, or transmit information.
(d)  Notwithstanding any other provision of this section, this section does not apply to the cost of production for public inspection or copying of public records collected, assembled, or maintained through use of the software, which cost is governed by Subchapter F, Chapter 552, Government Code, without regard to the cost of developing the software.
Added by Acts 1993, 73rd Leg., ch. 505, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1993, 73rd Leg., ch. 428, Sec. 7, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), (100), eff. Sept. 1, 1995.
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 253.008. Sale of Real Property by Public Auction

Sec. 253.008.  SALE OF REAL PROPERTY BY PUBLIC AUCTION.  (a)  The governing body of a municipality may sell real property owned by the municipality by public auction or by sealed bid under Section 272.001.
(b)  To sell real property by public auction, the governing body of a municipality shall publish notice of the auction before the 20th day before the date the auction is held.  The notice for sale of the real property must be published once a week for three consecutive weeks before the date the auction is held in a newspaper of general circulation in the county in which the municipality is located and, if the real property is located in another county, in a newspaper of general circulation in the county in which the real property is located.  The notice must include a description of the real property, including its location, and the date, time, and location at which the auction is to be held.
Added by Acts 1993, 73rd Leg., ch. 206, Sec. 1, eff. Aug. 30, 1993.  Renumbered from Local Government Code Sec. 253.007 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(39), eff. Sept. 1, 1995.
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 253.009. Conveyance of Adjoining Property to Municipal Development Corporation

Sec. 253.009.  CONVEYANCE OF ADJOINING PROPERTY TO MUNICIPAL DEVELOPMENT CORPORATION.  (a)  A municipality may convey to a municipally created economic development corporation, including a development corporation organized under the Development Corporation Act (Subtitle C1, Title 12), real property that has been conveyed by gift to the municipality or conveyed to the municipality as part of a legal settlement and that is adjacent to an area designated for development by the corporation.
(b)  A municipality may convey property under Subsection (a) for any fair consideration approved by the governing body of the municipality.  For a conveyance under this section to be effective, the governing body must adopt an ordinance that:
(1)  describes the property to be conveyed;
(2)  requires the conveyance to comply with the requirements of Section 5.022, Property Code, except a covenant of general warranty is not required;  and
(3)  states the consideration paid.
(c)  A municipality may convey the property under this section without complying with the other notice or bidding requirements prescribed by other law, including Section 272.001.
Added by Acts 1999, 76th Leg., ch. 1186, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.17, eff. April 1, 2009.
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 253.012. Conveyance to Economic Development Corporation by Certain Municipalities

Sec. 253.012.  CONVEYANCE TO ECONOMIC DEVELOPMENT CORPORATION BY CERTAIN MUNICIPALITIES.  (a)  In this section, "economic development corporation" means a Type A corporation governed by Chapter 504 or a Type B corporation governed by Chapter 505.
(b)  This section applies only to a municipality with a population of 20,000 or less.
(c)  A municipality may transfer to an economic development corporation, 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 a transfer authorized by this section is in the form of an agreement between the parties that requires the economic development corporation to use the property in a manner that primarily promotes a public purpose of the municipality.  If the economic development corporation 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 economic development corporation 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)  A municipality may not transfer property to an economic development corporation under this section if the municipality acquired the property through eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch. 1158 (H.B. 3072), Sec. 1, eff. June 19, 2009.
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 253.0125. Conveyance to Certain Entities for Economic Development Purposes

Sec. 253.0125.  CONVEYANCE TO CERTAIN ENTITIES FOR ECONOMIC DEVELOPMENT PURPOSES.  (a)  This section applies only to an entity and a municipality that have entered into an economic development agreement authorized by Chapter 380.
(b)  Notwithstanding Section 253.008 or 272.001(a) or other law and except as provided by Subsection (d), a municipality may transfer to an entity real property or an interest in real property for consideration described by this section.
(c)  Consideration for a transfer authorized by this section is in the form of an agreement between the parties that requires the entity to use the property in a manner that primarily promotes a public purpose of the municipality relating to economic development. The agreement must include provisions under which the municipality is granted sufficient control to ensure that the public purpose is accomplished and the municipality receives the return benefit.
(d)  A municipality may not transfer for consideration authorized by this section real property or an interest in real property the municipality owns, holds, or claims as a public square or park.
(e)  Before a municipality may transfer real property or an interest in real property under an agreement as provided by this section, the municipality must provide notice to the public published in a newspaper of general circulation in the county in which the property is located or, if there is no such newspaper, by any means for the municipality to provide public notice authorized by statute or by ordinance of the municipality.  The notice must:
(1)  include a description of the property, including its location;
(2)  be provided within 10 days before the date the property or an interest in the property is transferred; and
(3)  be published for two separate days within the period prescribed by Subdivision (2), if the notice is published in a newspaper.
(f)  A municipality may not transfer real property for consideration described by this section if the property was acquired by the municipality from the previous owner by the exercise of eminent domain authority or the threat of the exercise of eminent domain authority.
(g)  This section does not constitute a grant or expansion of eminent domain authority.
Added by Acts 2023, 88th Leg., R.S., Ch. 170 (S.B. 543), Sec. 1, eff. May 24, 2023.
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 253.013. Donation of Real Property of Negligible or Negative Value to Certain Private Persons

Sec. 253.013.  DONATION OF REAL PROPERTY OF NEGLIGIBLE OR NEGATIVE VALUE TO CERTAIN PRIVATE PERSONS.  (a)  This section applies only to:
(1)  a municipality with a population greater than 150,000 and less than 200,000 that is located in three counties; and
(2)  a municipality with a population greater than 78,000 and less than 88,000 that is located in a county in which part but not all of a military installation is located.
(b)  The governing body of a municipality to which this section applies may determine that real property located inside the boundaries of the municipality and owned by the municipality is surplus real property of negligible or negative value if:
(1)  the property is not improved, including by having a structure on it or by being paved;
(2)  ownership of the property does not provide any identifiable positive benefit to the municipality in relation to the municipality's current needs;
(3)  ownership of the property is not likely to provide any identifiable positive benefit to the municipality in relation to the municipality's future needs; and
(4)  the cost of maintaining the property is a substantial burden to the municipality.
(c)  The governing body of a municipality that makes a determination under Subsection (b) shall adopt written findings and conclusions regarding the determination made.
(d)  The governing body of a municipality that makes a determination under Subsection (b) that certain real property is surplus real property of negligible or negative value may donate that property to a private person who owns property adjacent to the surplus real property of negligible or negative value.
(e)  Section 272.001 does not apply to a conveyance of property authorized by this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 816 (H.B. 2584), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 303 (H.B. 1427), Sec. 1, eff. June 14, 2013.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 154, eff. September 1, 2023.
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 253.014. Broker Agreements and Fees for Sale of Real Property by Home-Rule Municipality

Sec. 253.014.  BROKER AGREEMENTS AND FEES FOR SALE OF REAL PROPERTY BY HOME-RULE MUNICIPALITY.  (a)  In this section, "broker" means a person licensed as a broker under Chapter 1101, Occupations Code.
(b)  The governing body of a home-rule municipality may contract with a broker to sell a tract of real property that the municipality:
(1)  owns; or
(2)  holds in trust and has the authority to sell.
(c)  The governing body may pay a fee if a broker produces a ready, willing, and able buyer to purchase a tract of real property.
(d)  If a contract is made under Subsection (b) with a broker to list the tract of real property for sale for at least 30 days with a multiple-listing service, the governing body on or after the 30th day after the date the property is listed may sell the tract of real property to a ready, willing, and able buyer who is produced by any broker using the multiple-listing service and who submits the highest cash offer.
(e)  The governing body may sell a tract of real property under this section without complying with the public auction requirements prescribed by Section 253.008 or other law or the notice and bidding requirements prescribed by Section 272.001 or other law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 462 (S.B. 985), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1110 (H.B. 3244), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter A. General Provisions › Section 254.001. Applicability of Chapter

Sec. 254.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to a municipality located on a channel, canal, bay, inlet, or lake connected to the Gulf of Mexico.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter A. General Provisions › Section 254.002. Definitions

Sec. 254.002.  DEFINITIONS.  In this chapter:
(1)  "Board" means a board of trustees established under Section 254.021.
(2)  "Island property" means:
(A)  land located on an island in the channel, canal, bay, inlet, or lake on which the municipality is located;  and
(B)  facilities and improvements related to land described by Paragraph (A).
(3)  "Obligation" includes a bond.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter A. General Provisions › Section 254.003. Authority Regarding Island Property

Sec. 254.003.  AUTHORITY REGARDING ISLAND PROPERTY.  A municipality may construct, acquire, lease as lessor or lessee, improve, enlarge, extend, repair, maintain, replace, develop, or operate facilities and improvements necessary or convenient for the proper administration of island property owned by the municipality.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter A. General Provisions › Section 254.004. Applicability of Other Law

Sec. 254.004.  APPLICABILITY OF OTHER LAW.  Except to the extent that it conflicts with this chapter, Subchapter B, Chapter 1502, Government Code,  applies to revenue obligations issued under this chapter, and a municipality to which this chapter applies has, with respect to a revenue obligation issued under this chapter, each power granted by that subchapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter B. Management and Control of Island Property; Board of Trustees › Section 254.021. Management and Control by Governing Body or Board of Trustees

Sec. 254.021.  MANAGEMENT AND CONTROL BY GOVERNING BODY OR BOARD OF TRUSTEES.  (a)  An ordinance authorizing the issuance of obligations under this chapter may provide that, while the principal of or interest on the obligations is outstanding, management and control of island property owned by the municipality and of the revenue generated by the island property is in:
(1)  the governing body of the municipality;  or
(2)  a board of trustees named in the ordinance.
(b)  A board may consist of not more than nine members.
(c)  Notwithstanding Subsection (a), if the municipality is operating under a home-rule charter that requires that island property be managed or controlled by a board of trustees or commission, the charter controls and a reference in this chapter to a board of trustees is a reference to the board or commission provided in the charter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter B. Management and Control of Island Property; Board of Trustees › Section 254.022. Organization and Duties of Board

Sec. 254.022.  ORGANIZATION AND DUTIES OF BOARD.  (a)  Except as otherwise provided by a charter provision described by Section 254.021(c), an ordinance under Section 254.021(a) that places management and control of island property in a board may:
(1)  specify the board members' compensation;
(2)  specify the members' terms of office;
(3)  specify the members' powers and duties;
(4)  provide for the election or appointment of the members' successors;  and
(5)  specify any other matter relating to the members' organization and duties.
(b)  On any matter not covered by the ordinance or the municipal charter, the board is governed by the laws and rules governing the governing body of the municipality.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter B. Management and Control of Island Property; Board of Trustees › Section 254.023. Character of Board; General Powers

Sec. 254.023.  CHARACTER OF BOARD;  GENERAL POWERS.  (a)  A board is a body politic and corporate.
(b)  The board may:
(1)  manage, control, maintain, and operate the island property;
(2)  employ a general manager and any other officer, employee, or representative the board considers appropriate;
(3)  prepare and adopt a budget, set charges for a service or facility, authorize an expenditure, and manage and control the income and revenue of the island property;
(4)  determine policies and adopt rules and procedures for the operation of the island property;
(5)  acquire property or an interest in property to accomplish the purposes of this chapter and construct an improvement or facility on the property;
(6)  contract in its own name, but not in the name of the municipality;
(7)  sue and be sued in its own name;
(8)  adopt, use, and alter a corporate seal; and
(9)  establish a security force and commission as a peace officer an employee of the force who is licensed by the Texas Commission on Law Enforcement.
(c)  A person commissioned as a peace officer under this chapter has each right, privilege, obligation, and duty of other peace officers in this state while on the property under control of the board or in the actual course and scope of the person's employment.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.54, eff. May 18, 2013.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter B. Management and Control of Island Property; Board of Trustees › Section 254.024. Competitive Bidding

Sec. 254.024.  COMPETITIVE BIDDING.  (a)  The board may award a contract involving the expenditure of more than $15,000 only by competitive bidding.
(b)  Competitive bidding is not required:
(1)  for a contract for:
(A)  personal or professional services;
(B)  a real estate transaction;
(C)  operation of an improvement or facility under a specific agreement for a limited term;  or
(D)  insurance;  or
(2)  if the board determines that the delay posed by the competitive bidding procedure would prevent or substantially impair the operation of island property.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter C. Obligations › Section 254.051. Authority of Municipality to Issue Obligations

Sec. 254.051.  AUTHORITY OF MUNICIPALITY TO ISSUE OBLIGATIONS.  The governing body of a municipality by ordinance may issue in the name of the municipality obligations payable from taxes, revenue, or both to provide money for a facility or improvement under this chapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter C. Obligations › Section 254.052. Election

Sec. 254.052.  ELECTION.  (a)  Obligations payable from ad valorem taxes, other than refunding obligations, may be issued only if authorized at an election held under Chapter 1251, Government Code.
(b)  Notwithstanding any law or charter provision to the contrary, an election is not required to authorize the issuance under this chapter of obligations payable solely from revenue if:
(1)  the obligations are not:
(A)  a debt of the municipality;  or
(B)  a pledge of the faith and credit of the municipality;  and
(2)  the owner or holder of an obligation is not entitled to demand payment from money raised by taxation.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter C. Obligations › Section 254.053. Authority of Board to Issue Obligations

Sec. 254.053.  AUTHORITY OF BOARD TO ISSUE OBLIGATIONS.  A board by resolution may issue in the name of the board, with the consent of the governing body of the municipality:
(1)  obligations payable from revenue in the manner provided by this chapter and refund previously issued obligations;
(2)  expense notes drawn against the revenues of the board to pay expenses during the fiscal year of the board in which the notes are issued;  and
(3)  certificates of participation in contractual obligations to pay money.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter C. Obligations › Section 254.054. Limitation on Aggregate Amount of Expense Notes

Sec. 254.054.  LIMITATION ON AGGREGATE AMOUNT OF EXPENSE NOTES.  The aggregate amount of expense notes issued under Section 254.053(2) that are outstanding at any time during a fiscal year may not exceed 50 percent of the difference between:
(1)  the revenue of the board budgeted for that fiscal year;  and
(2)  the principal of and interest on board obligations other than expense notes to be paid from the revenue of the board during that fiscal year.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter C. Obligations › Section 254.055. Maturity of Obligation

Sec. 254.055.  MATURITY OF OBLIGATION.  An obligation issued under this chapter must mature not later than 40 years after its date of issuance.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter C. Obligations › Section 254.056. Signatures; Seal

Sec. 254.056.  SIGNATURES;  SEAL.  (a)  An obligation issued by a municipality under this chapter must be:
(1)  signed by the mayor or the presiding officer of the municipality;
(2)  countersigned by the municipality's secretary or clerk;  and
(3)  impressed with the seal of the municipality.
(b)  An obligation authorized by the board under this chapter must be:
(1)  signed by the presiding officer of the board;
(2)  countersigned by the secretary or assistant secretary;  and
(3)  impressed with the seal of the board.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter C. Obligations › Section 254.057. Sale of Obligations

Sec. 254.057.  SALE OF OBLIGATIONS.  (a)  A municipality or board may sell obligations issued under this chapter at public or private sale under terms the governing body or the board determines to be the most advantageous and reasonably obtainable.
(b)  Subsection (a) applies to obligations payable from revenue notwithstanding any restriction in a municipal charter to the contrary.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter C. Obligations › Section 254.058. Contents of Ordinance or Resolution

Sec. 254.058.  CONTENTS OF ORDINANCE OR RESOLUTION.  (a)  The ordinance of the governing body or the resolution of the board authorizing the issuance of revenue obligations may:
(1)  provide for the flow of funds, the establishment and maintenance of an interest and sinking fund, reserve fund, or other fund, and the depositing of money;  and
(2)  contain any covenant, as considered appropriate, with respect to the obligations, the pledged revenue, and the operation and maintenance of the island property.
(b)  The ordinance or resolution or another proceeding may:
(1)  prohibit the further issuance of obligations payable from the pledged revenue;  or
(2)  reserve the right to issue additional obligations to be secured by a pledge of and payable from the net revenue on a parity with, or subordinate to, the lien and pledge securing the obligations being issued, subject to any condition provided by the ordinance, resolution, or other proceeding.
(c)  The ordinance, resolution, or other proceeding may:
(1)  provide that surplus net revenue received from the operation of the island property may be used for the payment of the principal of and interest on any obligations payable from taxes issued by the municipality under this chapter;  and
(2)  contain other provisions and covenants.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter C. Obligations › Section 254.059. Review and Approval of Contracts Relating to Revenue Obligations

Sec. 254.059.  REVIEW AND APPROVAL OF CONTRACTS RELATING TO REVENUE OBLIGATIONS.  (a)  If revenue obligations issued under this chapter state that they are secured by a pledge of the proceeds from a contract, a copy of the contract and of the proceedings authorizing the contract must be submitted to the attorney general for approval.
(b)  The approval by the attorney general of the obligations is approval of the contract.
(c)  After approval, the contract is incontestable except for forgery or fraud.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter C. Obligations › Section 254.060. Security for and Payment of Obligations Payable From Revenue

Sec. 254.060.  SECURITY FOR AND PAYMENT OF OBLIGATIONS PAYABLE FROM REVENUE.  (a)  Revenue obligations issued under this chapter may be secured solely by and paid from a pledge of the net revenue derived from the operation of island property, including revenue from leases, subleases, sales, or contracts for sale entered into by the municipality or the board of trustees with respect to the island property.  For purposes of this subsection, the net revenue is an amount equal to the gross revenue derived from the operation of the island property less the reasonable expenses of maintaining and operating the island property.
(b)  While the principal of or interest on obligations is outstanding, the issuer shall:
(1)  impose and collect charges in an amount sufficient to pay:
(A)  maintenance and operation expenses of the island property;
(B)  the interest on the obligations as it accrues;  and
(C)  the principal of the obligations as the obligations mature;  and
(2)  make any other payment prescribed by the ordinance or resolution authorizing or other proceeding relating to the issuance of the obligations.
(c)  In addition to the security provided by Subsection (a), obligations may be secured by a trust indenture and a mortgage or deed of trust lien or other security interest on island property.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter C. Obligations › Section 254.061. Use of Certain Proceeds

Sec. 254.061.  USE OF CERTAIN PROCEEDS.  From the proceeds from the sale of obligations issued under this chapter, there may be appropriated or set aside:
(1)  an amount for the payment of interest expected to accrue while an island property facility or improvement is under construction;
(2)  an amount necessary to pay expenses related to the issuance, sale, and delivery of the obligations;  and
(3)  an amount required by the ordinance or resolution authorizing the issuance of the obligations to be deposited to the credit of a reserve or other fund.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter C. Obligations › Section 254.062. Lease or Sale of Island Property

Sec. 254.062.  LEASE OR SALE OF ISLAND PROPERTY.  (a)  In connection with the issuance of revenue obligations, a municipality or board may lease, sublease, or sell island property to be constructed or acquired with the proceeds of the obligations.
(b)  A lease, sublease, or contract of sale may contain any provision that the municipality or board considers advantageous.
(c)  A lease, sublease, or contract of sale may provide for the lessee or purchaser of the island property to make payments in amounts adequate to pay the principal of and interest and premium on the obligations when they become due.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter C. Obligations › Section 254.063. Encumbrance of Island Property Improvements or Facilities Financed by Obligations Payable From Ad Valorem Taxes

Sec. 254.063.  ENCUMBRANCE OF ISLAND PROPERTY IMPROVEMENTS OR FACILITIES FINANCED BY OBLIGATIONS PAYABLE FROM AD VALOREM TAXES.  A municipality may not encumber an island property improvement or facility financed by obligations payable from ad valorem taxes unless authorized at the election required by Section 254.052.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter D. Refunding Obligations › Section 254.081. Applicability of Law Relating to Original Obligations

Sec. 254.081.  APPLICABILITY OF LAW RELATING TO ORIGINAL OBLIGATIONS.  The provisions of this chapter relating to original obligations apply to refunding obligations issued under this chapter to the extent the provisions can be made to apply.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter D. Refunding Obligations › Section 254.082. Authority to Issue Tax Refunding Obligations

Sec. 254.082.  AUTHORITY TO ISSUE TAX REFUNDING OBLIGATIONS.  The governing body of a municipality may issue tax obligations under this chapter to refund outstanding tax obligations.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter D. Refunding Obligations › Section 254.083. Authority to Issue Revenue Refunding Obligations

Sec. 254.083.  AUTHORITY TO ISSUE REVENUE REFUNDING OBLIGATIONS.  The governing body of a municipality or a board with the approval of the governing body may issue revenue obligations under this chapter to refund outstanding revenue obligations.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter D. Refunding Obligations › Section 254.084. Terms of Issuance of Revenue Refunding Obligations

Sec. 254.084.  TERMS OF ISSUANCE OF REVENUE REFUNDING OBLIGATIONS.  (a)  Revenue refunding obligations may:
(1)  be combined with new or original revenue obligations into one series or issue;
(2)  be issued to refund obligations of more than one series or issue;
(3)  combine the pledges securing the obligations to be refunded to secure the revenue refunding obligations;  or
(4)  be secured by a pledge of other or additional net revenue.
(b)  A revenue refunding obligation may bear interest at a rate higher than that of the obligation to be refunded.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter D. Refunding Obligations › Section 254.085. Registration of Refunding Obligations by Comptroller

Sec. 254.085.  REGISTRATION OF REFUNDING OBLIGATIONS BY COMPTROLLER.  (a)  Except as provided by Subsection (b), the comptroller shall register refunding obligations on surrender and cancellation of the obligations to be refunded.
(b)  The comptroller shall register refunding obligations without the surrender and cancellation of the obligations to be refunded if:
(1)  the ordinance or resolution authorizing the issuance of the refunding obligations requires that:
(A)  the obligations be sold at public or private sale;  and
(B)  the proceeds from the sale be deposited:
(i)  in a place where the obligations to be refunded are payable;  or
(ii)  with the comptroller;  and
(2)  the refunding obligations are issued in an amount sufficient to pay the principal of and interest on the obligations to be refunded to the option or maturity date of the obligations.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 254 - Acquisition and Development of Island Property › Subchapter D. Refunding Obligations › Section 254.086. Escrow Agreement

Sec. 254.086.  ESCROW AGREEMENT.  (a)  The proceeds from revenue refunding obligations that are deposited as provided by Section 254.085(b)(1)(B) shall be held under an escrow agreement so that the proceeds and interest earned on the proceeds will be available to pay the principal of and interest on the obligations to be refunded as each becomes due.
(b)  The escrow agreement may provide that the proceeds may, until needed to pay principal and interest, be invested in direct obligations of the United States.
(c)  Interest earned on an investment described by Subsection (b) may be:
(1)  pledged to the payment of the principal of and interest on the obligations to be refunded or the refunding obligations;  or
(2)  considered as revenue of the island property.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 261 - County Right of Eminent Domain › Section 261.001. Right of Eminent Domain

Sec. 261.001.  RIGHT OF EMINENT DOMAIN.  (a)  A county may exercise the right of eminent domain to condemn and acquire land, an easement in land, or a right-of-way if the acquisition is necessary for the construction of a jail, courthouse, hospital, or library, or for another public use authorized by law.
(b)  The right of eminent domain conferred by this section extends to public or private land, but not to land used for cemetery purposes.
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. 4, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 261 - County Right of Eminent Domain › Section 261.002. Procedure

Sec. 261.002.  PROCEDURE.  The condemnation proceedings must be instituted in the name of the county and under the direction of the commissioners court.
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 B - County Acquisition, Sale, or Lease of Property › Chapter 261 - County Right of Eminent Domain › Section 261.003. Appeal

Sec. 261.003.  APPEAL.  (a)  An appeal from a finding and assessment of damages made as prescribed by Chapter 21, Property Code, does not suspend work by the county that relates to the land the county seeks to acquire.
(b)  A county is not required to give a bond in an appealed case.
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 B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter A. General Provisions › Section 262.001. Appointment of Agent to Make Contracts

Sec. 262.001.  APPOINTMENT OF AGENT TO MAKE CONTRACTS.  (a)  The commissioners court of a county may appoint an agent to make a contract on behalf of the county for:
(1)  erecting or repairing a county building;
(2)  supervising the erecting or repairing of a county building;  or
(3)  any other purpose authorized by law.
(b)  A contract or other act of an agent appointed under this section that is properly executed on behalf of the county and is within the agent's authority binds the county to the contract for all purposes.
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 B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter A. General Provisions › Section 262.002. Authority to Purchase Road Equipment and Tires Through Comptroller

Sec. 262.002.  AUTHORITY TO PURCHASE ROAD EQUIPMENT AND TIRES THROUGH COMPTROLLER.  (a)  The commissioners court of a county may purchase through the comptroller road machinery and equipment, tires, and tubes to be used by the county.
(b)  The commission must purchase an item under this section on competitive bids and in accordance with any rules of the commission.
(c)  A purchase under this section must be made on the requisition of the commissioners court.  When the court sends the requisition to the commission, the court must include with the requisition a general description of the item desired and a certification of the funds available to pay for the item.
(d)  The commission may adopt rules to carry out the purpose of this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.101, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.102, eff. September 1, 2007.