reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter A. General Provisions for Real Property › Section 263.003. School Lands

Sec. 263.003.  SCHOOL LANDS.  (a)  The commissioners court of a county shall provide for the protection, preservation, and disposition of lands granted to the county for educational purposes.
(b)  The commissioners court may dispose of land granted to the county for educational purposes only as provided by law.
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 263 - Sale or Lease of Property by Counties › Subchapter A. General Provisions for Real Property › Section 263.004. Restrictions, Conditions, and Limitations

Sec. 263.004.  RESTRICTIONS, CONDITIONS, AND LIMITATIONS.  (a)  In a conveyance of real property, the commissioners court of a county may provide for restrictions, conditions, and limitations that it determines are necessary or proper.
(b)  Each conveyance of abandoned seawall right-of-way property under Section 263.002 must contain a restriction that a structure may not be placed within 50 feet, or a greater distance determined by the commissioners court, of the landward boundary of the seawall right-of-way retained by the county.
(c)  In the order and notice required by Section 263.001, the commissioners court shall give a substantial statement of any restriction, condition, or limitation to which a conveyance is 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 B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter A. General Provisions for Real Property › Section 263.005. Use by Public Utility or Common Carrier

Sec. 263.005.  USE BY PUBLIC UTILITY OR COMMON CARRIER.  If, at the time real property, or an interest in real property, is sold, leased, or exchanged under this subchapter, a public utility or common carrier that has the right of eminent domain is using the property for right-of-way and easement purposes, the sale, lease, exchange, conveyance, and surrender of possession of the property or interest are subject to the right of and continued use by the public utility or common carrier.
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 263 - Sale or Lease of Property by Counties › Subchapter A. General Provisions for Real Property › Section 263.006. Exchange of Real Property

Sec. 263.006.  EXCHANGE OF REAL PROPERTY.  (a)  The commissioners court of a county, by an order entered in its minutes, may authorize the exchange of an interest in real property owned by the county for an interest in real property owned by an individual, private partnership or corporation, or other private entity, to be used for one or more public purposes for which a county otherwise may acquire land.  The exchange transaction may include a partial cash payment.
(b)  Except as provided by Subsection (d), before the commissioners court exchanges an interest in real property under this section, notice that the county will consider offers for an exchange of the interest in real property must be published in English in a newspaper of general circulation in the county in which the real property is located and in the county that owns the interest if not the same county.  The notice must be published once a week for three consecutive weeks before the date of the exchange, with the date of the first publication being before the 20th day before the date of the exchange.
(c)  The county shall obtain an appraisal of the fair market value of the interest in real property owned and being exchanged by the county, and the appraisal is conclusive for purposes of this section of the value so determined.  An exchange may not be made under this section for a total consideration, including cash and interest in real property, that is less than the fair market value of the interest in real property being exchanged by the county.  The commissioners court may reject any and all offers made under this section.
(d)  An exchange of an interest in real property originally acquired by the county for street, right-of-way, or easement purposes as consideration for the acquisition of another interest in real property for street, right-of-way, or easement purposes is not subject to the notice requirements of Subsection (b) but is subject to the appraisal required by Subsection (c), whether or not the exchange transaction includes a partial cash payment.
(e)  This section does not apply to the exchange of an interest in real property owned by a county for an interest in real property owned by the United States, this state, or a municipality or other political subdivision of this state.
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 263 - Sale or Lease of Property by Counties › Subchapter A. General Provisions for Real Property › Section 263.008. Broker Agreements and Fees for the Sale of Real Property

Sec. 263.008.   BROKER AGREEMENTS AND FEES FOR THE SALE OF REAL PROPERTY.  (a)  In this section, "broker" means a person licensed as a broker under Chapter 1101, Occupations Code.
(b)  The commissioners court of a county may contract with a broker to sell or lease a tract of real property that is owned by the county.
(c)  The commissioners court of a county may pay a fee if a broker produces a ready, willing, and able buyer or lessee to purchase or lease a tract of real property.
(d)  If a contract made under Subsection (b) requires a broker to list the tract of real property for sale or lease for at least 30 days with a multiple-listing service used by other brokers in the county, the commissioners court on or after the 30th day after the date the property is listed may sell or lease the tract of real property to a ready, willing, and able buyer or lessee who is produced by any broker using the multiple-listing service and who submits the highest cash offer.
(e)  The commissioners court may sell or lease a tract of real property under this section without complying with the requirements for conducting a public auction, including the requirements prescribed by Section 263.001.
Added by Acts 1991, 72nd Leg., ch. 421, Sec. 1, eff. Aug. 26, 1991.  Amended by Acts 1999, 76th Leg., ch. 1328, Sec. 1, eff. June 18, 1999;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.790, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 88 (H.B. 1288), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter B. Disposition of Certain Real or Personal Property › Section 263.051. Airport Land

Sec. 263.051.  AIRPORT LAND.  (a)  The commissioners court of a county may lease to any person any land acquired, by a purchase or gift, by the county for an airport and may lease any facilities on that land, unless the lease is prohibited by the terms of the grant of the land to the county.  The commissioners court shall determine the conditions of the lease.
(b)  The commissioners court may make contracts relating to natural resources, including oil, gas, and other minerals, owned by the county by virtue of the ownership of airport land, including contracts for the exploration and development of those resources.  The commissioners court may execute and deliver mineral deeds to or leases of all or part of the resources or rights to the resources.  The commissioners court shall determine the terms of and consideration for the contract, which may include oil payments, gas payments, overriding royalties, and similar payments.
(c)  For the maintenance, improvement, and operation of the airport and the facilities on the airport land, the commissioners court shall use:
(1)  proceeds received from the lease of the surface of the airport land or the facilities on that land for airport purposes or purposes related to the operation of the airport;  and
(2)  proceeds received from charges for the use of the airport for airport purposes.
(d)  If at the end of the fiscal year a part of the proceeds covered by Subsection (c) remains unspent, the commissioners court may spend that amount for any lawful purpose.
(e)  The commissioners court, for any lawful purpose, may spend:
(1)  proceeds from the sale of minerals or mineral rights under airport land and proceeds from the execution of mineral leases, including cash bonuses, delay rentals, and royalties;  and
(2)  proceeds from the lease of the surface of airport land or facilities on that land for purposes other than airport purposes or purposes other than those relating to the operation of an airport.
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 263 - Sale or Lease of Property by Counties › Subchapter B. Disposition of Certain Real or Personal Property › Section 263.052. Certain Land, Housing, or Facilities Acquired From United States

Sec. 263.052.  CERTAIN LAND, HOUSING, OR FACILITIES ACQUIRED FROM UNITED STATES.  (a)  A county may:
(1)  lease or rent any land, housing, or facility acquired under Section 270.004;
(2)  establish and revise the amount charged for the lease or rental;
(3)  arrange or contract for the furnishing of services or facilities for, or in connection with, that land, housing, or facility or the occupants of that land, housing, or facility;
(4)  sell or exchange all or part of that land or housing;  and
(5)  execute oil, gas, or mineral leases for all or part of that land.
(b)  The commissioners court of the county shall determine the terms of an oil, gas, or mineral lease executed under this section and the consideration for the lease, which may include oil or gas payments, overriding royalties, and similar payments.
(c)  The commissioners court may execute conveyances of minerals or mineral rights and may contract for the exploration and development of minerals under all or part of the land.
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 263 - Sale or Lease of Property by Counties › Subchapter B. Disposition of Certain Real or Personal Property › Section 263.053. Sale and Subsequent Lease or License of Property in Counties With Population of More Than 250,000

Sec. 263.053.  SALE AND SUBSEQUENT LEASE OR LICENSE OF PROPERTY IN COUNTIES WITH POPULATION OF MORE THAN 250,000.  (a)  This section applies only to counties with a population of more than 250,000.
(b)  The commissioners court of the county may sell land, buildings, facilities, or equipment for the purpose of making contracts for the lease or rental of land, buildings, facilities, or equipment or for receiving services from others for county purposes.  The commissioners court may pay regular monthly bills for utilities, such as electricity, gas, and water, for the property leased or rented or for the services received.
(c)  The commissioners court of the county may enter into any for-profit or other licensing agreement with a seller of wireless communications service that may include a license to collocate wireless communications technology on property owned by the county.
(d)  If a majority of the commissioners court determines that the facilities and equipment are essential for the proper administration of county government, the commissioners court may pay for the facilities and equipment and for the regular monthly bills from the general fund of the county.  The commissioners court must make the payment by warrant in the manner that payments for other obligations of the county are made.
(e)  A construction project initiated for a purpose authorized by this section may be awarded only by a contract that provides for the payment of the prevailing wage for all mechanics, laborers, and others employed in the construction project.  The commissioners court of Tarrant County shall set the prevailing wage, which must be the same prevailing wage set by the commissioners court of that county for all construction projects involving the expenditure of county funds.
(f)  On or before the expiration of a contract made under this section, the facilities may be purchased by the county and paid for from its general fund if a majority of the commissioners court agrees that the purchase price is reasonable.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 585, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter B. Disposition of Certain Real or Personal Property › Section 263.054. Relinquishment of Abandoned Land

Sec. 263.054.  RELINQUISHMENT OF ABANDONED LAND.  The commissioners court of a county by order may, as if there has been a failure of consideration, relinquish and convey land donated to the county for county purposes to the donor of the land or the donor's successor in title if:
(1)  on the date of the order, the land has been abandoned and not used by the county for the purpose of the donation for more than 40 years;  and
(2)  it is shown that the donor of the land and the donor's successors in title have been in actual, continuous, open, peaceful, and adverse possession of the land for 40 years or more preceding the date of the order.
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 263 - Sale or Lease of Property by Counties › Subchapter B. Disposition of Certain Real or Personal Property › Section 263.055. Conveyance of Property From County to Texas A&i University Foundation, Inc

Sec. 263.055.  CONVEYANCE OF PROPERTY FROM COUNTY TO TEXAS A&I UNIVERSITY FOUNDATION, INC.  (a)  A county may convey surplus personal or real property of the county at a private sale to Texas A&I University Foundation, Inc., for any fair consideration approved by the commissioners court of the county.
(b)  Property conveyed under this section must be used for higher education purposes in the county that conveyed the property.  If at any time after the date a conveyance of real property is executed under this section the real property is used for a purpose other than a higher education purpose, ownership of the property reverts to the county that conveyed the property.
(c)  For a conveyance under this section to be effective, the commissioners court must authorize the conveyance by an order entered in its minutes.  The order must:
(1)  describe the property to be conveyed;
(2)  state the consideration to be paid;  and
(3)  direct the county judge of the county to execute in the name of the county a conveyance to Texas A&I University Foundation, Inc., and to promptly make the conveyance on payment of the consideration to the appropriate officer of the county.
(d)  An instrument of conveyance executed by the county judge must be in the form and contain the covenants and warranties prescribed by the commissioners court.
Added by Acts 1993, 73rd Leg., ch. 393, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter C. Lease or Sale of Real Property for Privately Owned Hotel › Section 263.101. Application of Subchapter to Populous Counties

Sec. 263.101.  APPLICATION OF SUBCHAPTER TO POPULOUS COUNTIES.  This subchapter applies only to a county with a population of more than 1.3 million.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 79, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter C. Lease or Sale of Real Property for Privately Owned Hotel › Section 263.102. Lease

Sec. 263.102.  LEASE.  (a)  The commissioners court of the county may lease real property owned by the county and air rights above that property to an individual or a private corporation or association, and make agreements with an individual or a private corporation or association for the construction, ownership, maintenance, operation, or expansion of a privately owned hotel and related facilities that are operated in conjunction with an existing convention center owned by the county.
(b)  The commissioners court may lease real property under this section regardless of the property's being encumbered by existing revenue bonds.  In leasing the property, the commissioners court must comply with all applicable conditions of existing revenue bonds except those waived by the holders of the 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 B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter C. Lease or Sale of Real Property for Privately Owned Hotel › Section 263.103. Creation of Encumbrance

Sec. 263.103.  CREATION OF ENCUMBRANCE.  (a)  A lease or other agreement executed under this subchapter may not subject the real property to a pledge or mortgage, other than existing revenue bonds, refunding bonds, or other indentures for the release of existing revenue bonds, or to an encumbrance that did not exist on the date the lease or agreement was executed.
(b)  A lease under this subchapter must specifically provide that the real property subject to the lease is not encumbered or mortgaged by the lease or by any agreement executed in connection with the lease.
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 263 - Sale or Lease of Property by Counties › Subchapter C. Lease or Sale of Real Property for Privately Owned Hotel › Section 263.104. Lending Credit

Sec. 263.104.  LENDING CREDIT.  A county executing a lease under this subchapter may not in any way lend its credit to an individual or a private corporation or association in connection with the lease.
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 263 - Sale or Lease of Property by Counties › Subchapter C. Lease or Sale of Real Property for Privately Owned Hotel › Section 263.105. Conditions of Lease

Sec. 263.105.  CONDITIONS OF LEASE.  (a)  A lease under this subchapter may initially be effective for the term of a mortgage covering the construction of the hotel and related facilities.  The lease may provide to the parties constructing, owning, or operating the hotel or related facilities an option to renew the lease.
(b)  The lease must be made on a competitive bid.  Consideration for the lease may not be less than the fair market lease value of the property and air rights being leased.
(c)  The parties to the lease mutually shall determine the other conditions of the lease.
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 263 - Sale or Lease of Property by Counties › Subchapter C. Lease or Sale of Real Property for Privately Owned Hotel › Section 263.106. Sale

Sec. 263.106.  SALE.  (a)  The commissioners court of a county may sell land owned by the county and the air rights above the land to an individual or a private corporation or association if:
(1)  all existing revenue bond obligations encumbering the land have been fully discharged as to bondholders;
(2)  a hotel has been built on the land in conjunction with an existing convention center and the hotel has been operated continuously for at least five years from its inception;
(3)  the parties to an existing lease of land mutually agree to the sale of the land and the air rights;  and
(4)  the county receives an amount for the land and air rights that is fair under the market conditions existing at the time of the sale.
(b)  The commissioners court may impose deed restrictions or reverters to preserve the use of the land for a purpose consistent with the construction, expansion, ownership, and operation of a hotel and related facilities in conjunction with a convention center.
(c)  A sale of land under this subchapter may include land appurtenant to the land on which the hotel or related facilities have been built.
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 263 - Sale or Lease of Property by Counties › Subchapter C. Lease or Sale of Real Property for Privately Owned Hotel › Section 263.107. Expenditure of Tax Funds

Sec. 263.107.  EXPENDITURE OF TAX FUNDS.  In an agreement authorized by this subchapter, the commissioners court of a county may spend tax funds consistent with state law but must limit each commitment or expenditure of tax funds associated with the agreement to an amount available from current revenues 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 B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter D. Disposition of Salvage or Surplus Property › Section 263.151. Definitions

Sec. 263.151.  DEFINITIONS.  In this subchapter:
(1)  "Salvage property" means personal property, other than items routinely discarded as waste, that because of use, time, accident, or any other cause is so worn, damaged, or obsolete that it has no value for the purpose for which it was originally intended.
(2)  "Surplus property" means personal property that:
(A)  is not salvage property or items routinely discarded as waste;
(B)  is not currently needed by its owner;
(C)  is not required for the owner's foreseeable needs; and
(D)  possesses some usefulness for the purpose for which it was intended.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 61(b), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter D. Disposition of Salvage or Surplus Property › Section 263.153. Notice

Sec. 263.153.  NOTICE.  (a)  The commissioners court shall publish notice of a sale of surplus or salvage property in at least one newspaper of general circulation in the county.
(b)  The notice must be published on or after the 30th day but before the 10th day before the date of the sale.
(c)  A county that contracts with an auctioneer licensed under Chapter 1802, Occupations Code, who uses an Internet auction site offering online bidding through the Internet to sell surplus or salvage property under this subchapter having an estimated value of not more than $500 shall satisfy the notice requirement under this section by posting the property on the site for at least 10 days unless the property is sold before the 10th day.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1150 (H.B. 2859), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter D. Disposition of Salvage or Surplus Property › Section 263.154. Rejection of Offer

Sec. 263.154.  REJECTION OF OFFER.  The commissioners court or its designated representative conducting the sale may reject any offer to purchase surplus or salvage property if the court or representative finds the rejection to be in the best interests 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 B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter D. Disposition of Salvage or Surplus Property › Section 263.1545. Broker Agreements for the Sale of Certain Surplus Property by Certain Counties

Sec. 263.1545.  BROKER AGREEMENTS FOR THE SALE OF CERTAIN SURPLUS PROPERTY BY CERTAIN COUNTIES.  (a)  This section applies only to surplus property that:
(1)  is owned by a county with a population of more than 1.2 million and less than 1.5 million;
(2)  uses a high level of technology;
(3)  was used or will be used in connection with or for a highly specialized program; and
(4)  was purchased by the county for more than $250,000.
(b)  The commissioners court of a county may enter into a broker agreement to sell surplus property described by Subsection (a) with a broker who has the expertise necessary to negotiate the sale of the surplus property.  The commissioners court may pay a fee to the broker if the broker produces a ready, willing, and able buyer to purchase the surplus property.
(c)  Notwithstanding any other law, including Section 262.024, a broker agreement under this section is subject to the competitive procurement procedures for services under Subchapter C, Chapter 262, regardless of the amount of the proposed broker's fee.
(d)  The commissioners court of a county may sell the surplus property to the ready, willing, and able buyer who submits the highest cash offer and is produced by the broker in accordance with the broker agreement.
(e)  Notwithstanding any other law, the commissioners court of a county may sell surplus property under this section without complying with the requirements for conducting a public auction, bidding, or trade-in under other law, including the requirements under Sections 263.152 and 263.153.
Added by Acts 2017, 85th Leg., R.S., Ch. 793 (H.B. 2762), Sec. 1, eff. June 15, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 156, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter D. Disposition of Salvage or Surplus Property › Section 263.155. Record

Sec. 263.155.  RECORD.  (a)  The commissioners court shall keep a record of each item of surplus or salvage property sold and the sale price of each item.
(b)  The commissioners court shall keep, for one year, a record of each item of surplus or salvage property destroyed or otherwise disposed of.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 61(c), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter D. Disposition of Salvage or Surplus Property › Section 263.156. Proceeds

Sec. 263.156.  PROCEEDS.  Unless otherwise provided by law, the commissioners court shall deposit the proceeds from the sale of surplus or salvage property:
(1)  in the county treasury to the credit of the general fund or the fund from which the property was purchased;  or
(2)  if the property was used for maintenance or construction of county roads and bridges, in the county treasury to the credit of the county road and bridge fund.
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 263 - Sale or Lease of Property by Counties › Subchapter D. Disposition of Salvage or Surplus Property › Section 263.157. Title

Sec. 263.157.  TITLE.  If a purchaser of surplus or salvage property at a sale held in accordance with this subchapter complies in good faith with the conditions of the sale and the applicable rules of the commissioners court, the purchaser obtains good title to the property.
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 263 - Sale or Lease of Property by Counties › Subchapter D. Disposition of Salvage or Surplus Property › Section 263.158. Rules

Sec. 263.158.  RULES.  The commissioners court may adopt rules necessary to administer this subchapter.
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 263 - Sale or Lease of Property by Counties › Subchapter E. Conveyance of Real Property From County to United States › Section 263.202. Conveyance for Public Building

Sec. 263.202.  CONVEYANCE FOR PUBLIC BUILDING.  (a)  A county that owns land used for public purposes that exceeds the amount of land needed by the county for its public purposes may sell all or part of the excess to the United States at a private sale for any fair consideration approved by the commissioners court of the county.  The sale must be made under the statutes of the United States authorizing the acquisition of sites for public buildings.
(b)  The commissioners court of the county is responsible for determining whether an excess of land exists and the extent to which the excess may be sold and conveyed under this section.
(c)  For a conveyance under this section to be effective, the commissioners court must authorize the conveyance by an order entered in its minutes.  The order must:
(1)  describe the land to be conveyed;
(2)  state the consideration to be paid;  and
(3)  direct the county judge of the county to execute in the name of the county a conveyance to the United States and to promptly make delivery of the conveyance on payment of the consideration to the appropriate officer of the county.
(d)  An instrument of conveyance executed by the county judge must be in the form, and contain the covenants and warranties, prescribed by the commissioners court.  The instrument must reserve concurrent jurisdiction over the conveyed land for the service of all state criminal and civil process.
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 263 - Sale or Lease of Property by Counties › Subchapter E. Conveyance of Real Property From County to United States › Section 263.203. Conveyance for Civil Works Project

Sec. 263.203.  CONVEYANCE FOR CIVIL WORKS PROJECT.  If a county owns and controls land, or an interest in land, that is used or proposed to be used as a part of the site of a flood control, river and harbor improvement, water conservation, or other civil works project constructed or to be constructed by the United States, the county judge of the county, on order of the commissioners court or on a request of the United States that is supported by an order of the commissioners court, may convey an easement, or other interest in land, necessary for the construction, operation, and maintenance of the project to the United States or to a political subdivision, agency, or instrumentality of this state that is cooperating with the United States in the project.
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 263 - Sale or Lease of Property by Counties › Subchapter E. Conveyance of Real Property From County to United States › Section 263.204. Conveyance for Military Installation or Facility

Sec. 263.204.  CONVEYANCE FOR MILITARY INSTALLATION OR FACILITY.  If a county owns and controls land, or an interest in land, near a federally owned or operated military installation or facility, the county judge of the county, on order of the commissioners court or on a request of the United States that is supported by an order of the commissioners court, may convey to the United States an easement, or other interest in the land, that is necessary for the construction, operation, and maintenance of the installation or 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 B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter E. Conveyance of Real Property From County to United States › Section 263.205. Consideration

Sec. 263.205.  CONSIDERATION.  The commissioners court shall determine the consideration for a conveyance under Section 263.203 or 263.204 and may determine that monetary consideration is not required.
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 263 - Sale or Lease of Property by Counties › Subchapter E. Conveyance of Real Property From County to United States › Section 263.206. Assent to Grant of Easement

Sec. 263.206.  ASSENT TO GRANT OF EASEMENT.  If the county does not own the fee simple title to land described by Section 263.203 or 263.204 and if the owner of the fee simple has executed an easement to the land for the purposes for which a conveyance is authorized under Section 263.203 or 263.204, the county judge, on order of the commissioners court, may join in and assent to the easement in the instrument granting the easement or in a separate instrument.
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 263 - Sale or Lease of Property by Counties › Subchapter F. Advertising Space › Section 263.251. Sale or Lease of Advertising Space

Sec. 263.251.  SALE OR LEASE OF ADVERTISING SPACE.  (a)  The commissioners court of a county may adopt a procedure by which the county may:
(1)  lease to another entity advertising space located:
(A)  in or on a building or part of a building owned by the county;
(B)  on personal property owned by the county;
(C)  on an official county website; or
(D)  on personal property leased by the county, with the property owner's consent; or
(2)  sell advertising space located on correspondence distributed by the county through the United States Postal Service.
(b)  The procedure must include a requirement that the county publish, before a sale or lease of advertising space is made, a notice of its intent to sell or lease the advertising space.  The notice must:
(1)  be published:
(A)  at least one time in a newspaper of general circulation in the county not earlier than the 30th day or later than the 14th day before the date the award of the sale or lease is made; and
(B)  on the county's official website continuously for the 14 days immediately before the date the award of the sale or lease is made;
(2)  include a description of the advertising space, including its location and a description of the part of any real or personal property that the advertising space occupies; and
(3)  include a description of the procedure by which bids or proposals for the sale or lease may be submitted.
(c)  Under the procedure, the commissioners court may reject any and all bids or proposals submitted.
Added by Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 29, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 46 (H.B. 477), Sec. 1, eff. May 16, 2013.
Acts 2017, 85th Leg., R.S., Ch. 999 (H.B. 1170), Sec. 1, eff. June 15, 2017.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 270 - Miscellaneous Provisions Affecting the Acquisition, Sale, or Lease of Property by Counties › Section 270.001. Acquisition of Real Property by Conveyance

Sec. 270.001.  ACQUISITION OF REAL PROPERTY BY CONVEYANCE.  A deed, grant, or conveyance that is made, is acknowledged or proven, and is recorded as other deeds of conveyance to a county, to the courts or commissioners of a county, or to another person for the use and benefit of a county vests in the county the right, title, interest, and estate that the grantor had in the property at the time the instrument was executed and that the grantor intended to convey.
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 270 - Miscellaneous Provisions Affecting the Acquisition, Sale, or Lease of Property by Counties › Section 270.002. Purchase and Sale of Property After Judgment

Sec. 270.002.  PURCHASE AND SALE OF PROPERTY AFTER JUDGMENT.  If property is sold under execution or order of sale on a judgment in favor of a county, including execution on a judgment in a case of scire facias in the name of the state, the attorney or agent representing the county, with the advice and consent of the commissioners court, may purchase and dispose of the property for the county in the same manner as an attorney or agent for the state under Article 4401, Revised Statutes.  The officer selling the property shall execute and deliver to the county a deed to the property.  On sale of the property by the county, the commissioners court, in the name of the county, shall execute and deliver to the purchaser a deed to the property.
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 270 - Miscellaneous Provisions Affecting the Acquisition, Sale, or Lease of Property by Counties › Section 270.003. Acquisition and Use of Public Platform Tonnage Scales

Sec. 270.003.  ACQUISITION AND USE OF PUBLIC PLATFORM TONNAGE SCALES.  (a)  The commissioners court of a county may, on the presentation of a suitable written petition signed by 500 or more inhabitants of the county, purchase and install one or more public platform tonnage scales suitable and adapted for the weighing of livestock, produce, agricultural products, or other goods to facilitate the development of truck farming, cattle raising, or other trade or business in which the availability of a public scale is necessary or desirable.
(b)  The commissioners court may operate a public scale.  It may provide adequate personnel for this purpose or it may lease or rent, under terms and conditions it may set, the scale to a responsible private person.
(c)  The commissioners court may prescribe rules concerning the use of a public scale, including the fee to be charged.
(d)  A public scale provided for under this section must at all times be available for use by the public.
(e)  The money that may be collected or received from the use or operation of a public scale or through a contract executed under this section shall be deposited in the general fund 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 B - County Acquisition, Sale, or Lease of Property › Chapter 270 - Miscellaneous Provisions Affecting the Acquisition, Sale, or Lease of Property by Counties › Section 270.004. Authority to Contract With Federal Government for Acquisition of Land or Housing

Sec. 270.004.  AUTHORITY TO CONTRACT WITH FEDERAL GOVERNMENT FOR ACQUISITION OF LAND OR HOUSING.  (a)  The commissioners court of a county may:
(1)  contract with the United States, including the General Services Administrator and the Secretary of Housing and Urban Development and their successors, for:
(A)  the acquisition of land or an interest in land located in the county that is owned by the United States;  or
(B)  the acquisition of temporary housing on land that the United States owns or controls;
(2)  acquire from the United States, by purchase, gift, or otherwise, land or housing described in Subdivision (1);  and
(3)  own and operate land or housing acquired under this subsection.
(b)  The commissioners court may:
(1)  adopt a resolution or order requesting the United States to transfer to the county the land, housing, or the interest in the land or housing that the United States is authorized to convey or transfer to the county;  and
(2)  bind the county to comply with all terms and conditions imposed by the United States as a prerequisite to the transfer or conveyance of the land, housing, or the interest in the land or housing.
(c)  The instrument or deed conveying to the county the land, housing, or the interest in the land or housing may contain conditions, provisions, covenants, or warranties prescribed by the United States and agreed on by the commissioners court acting for the county, provided the terms are not prohibited by the Texas Constitution.
(d)  The commissioners court may issue negotiable bonds and levy taxes for the interest and sinking funds of the bonds, in accordance with Subtitles A and C, Title 9, Government Code, to purchase or acquire in another manner the land or housing and to improve, enlarge, extend, or repair the land or housing.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.292, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 270 - Miscellaneous Provisions Affecting the Acquisition, Sale, or Lease of Property by Counties › Section 270.005. Contracts With Federal Government for Construction in Populous County

Sec. 270.005.  CONTRACTS WITH FEDERAL GOVERNMENT FOR CONSTRUCTION IN POPULOUS COUNTY.  (a)  The commissioners court of a county with a population of 251,000 to 260,000 may contract with the United States government or a federal agency for:
(1)  the joint construction or improvement of roads, bridges, or other county improvements; or
(2)  the maintenance of a project constructed under this section.
(b)  The county may pay for its part of the expense of a project constructed under this section from available county funds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 95, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 669, Sec. 80, 81, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 86, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 157, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 270 - Miscellaneous Provisions Affecting the Acquisition, Sale, or Lease of Property by Counties › Section 270.006. Report About Use Of, or Accident Involving, Equipment in County With Population of 500,000 or More

Sec. 270.006.  REPORT ABOUT USE OF, OR ACCIDENT INVOLVING, EQUIPMENT IN COUNTY WITH POPULATION OF 500,000 OR MORE.  (a)  In this section, "equipment" means equipment purchased with and operated with public funds or personal equipment for which an employee or officer is reimbursed by a county or flood control district for operation and maintenance charges.
(b)  This section applies only to a county with a population of 500,000 or more.
(c)  An officer or employee of a county, a district officer, or an employee of a flood control district in the county who operates equipment shall file with each payroll a report for each piece of equipment in the charge of the employee or officer, showing:
(1)  the daily use of the equipment;
(2)  the time and mileage run;
(3)  the amount spent for repairs;
(4)  the gasoline, oil, and grease purchased;  and
(5)  the road, bridge, or project on which work was performed.
(d)  The report must be in writing and must be signed and certified by the officer or employee actually using the equipment.
(e)  An officer or employee of the county, a district officer, or an employee of a flood control district in the county shall file a report of an accident involving equipment in the charge of the employee or officer.  The report must give the cause, damage, location, circumstances, and persons and equipment involved in the accident.
(f)  A report under this section must be on a prescribed form and must be filed on or before the fifth day of the month succeeding the period of operation.
(g)  A report under this section must disclose all facts essential to a proper analysis of maintenance and operating costs and other statistical 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 270 - Miscellaneous Provisions Affecting the Acquisition, Sale, or Lease of Property by Counties › Section 270.008. Disposal of Super Collider Property

Sec. 270.008.  DISPOSAL OF SUPER COLLIDER PROPERTY.  (a)  If the United States Department of Energy returns or gives to any county any property that was used or was to be used in connection with or by a superconducting super collider high-energy research facility, the county may sell, lease, or otherwise dispose of the property by a method determined by the commissioners court of the county.
(b)  A commissioners court disposing of property under this section is not required to comply with any provision of this title, including Sections 263.001 and 272.001, requiring a public auction or bidding process for the disposal of property.
Added by Acts 1997, 75th Leg., ch. 92, Sec. 1, eff. May 15, 1997.