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  H.B. No. 2333
 
 
 
 
AN ACT
  relating to the lease of certain oil, gas, or mineral land by a
  municipality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 253.005(b), Local Government Code, is
  amended to read as follows:
         (b)  A municipality may [not] 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.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2333 was passed by the House on April
  28, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2333 was passed by the Senate on May
  20, 2009, by the following vote:  Yeas 29, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor