H.B. No. 3632
 
 
 
 
AN ACT
  relating to the authority of the state to acquire, sell, or exchange
  certain land.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 31.065, Natural Resources Code, is
  amended by amending Subsections (a) and (c) and adding Subsections
  (d) and (e) to read as follows:
         (a)  In the absence of any law to the contrary, the
  commissioner may, if the commissioner [he] determines it to be in
  the best interest of the state, accept grants, gifts, devises, or
  bequests, either absolutely or in trust, of money or real or
  personal property on behalf of the state. Real property so acquired
  by the state becomes public free school land unless the person
  making the grant, gift, devise, or bequest provides that the real
  property is to be possessed, administered, or used by a particular
  state agency, board, commission, department, or other particular
  state entity or provides that it is to be held in some other manner
  by the state.
         (c)  If the commissioner determines that the real property
  acquired by the state by grant, gift, devise, or bequest is not
  suitable for the purpose for which the grant, gift, devise, or
  bequest was originally made, the commissioner together with the
  agency, board, commission, department, or other state entity, if
  any, designated to possess, administer, or use the real property
  may exchange the real property for real property that is suitable
  for such purpose.
         (d)  If real property acquired by grant, gift, devise, or
  bequest is not held as part of the permanent school fund or
  possessed, administered, or used by a particular state agency,
  board, commission, department, or other particular state entity,
  the commissioner may manage that real property or sell or exchange
  the real property under terms and conditions the commissioner
  determines to be in the best interest of the state. Real property
  sold under this subsection must be sold in accordance with Section
  31.158. Proceeds of the sale that are not required for the
  management of real property under this subsection shall be
  deposited in the Texas farm and ranch lands conservation fund
  established under Chapter 183. Real property acquired under this
  subsection may be dedicated by the commissioner to any state
  agency, board, commission, or department, a political subdivision
  or other governmental entity of this state, or the federal
  government, for the benefit and use of the public in exchange for
  nonmonetary consideration, if the commissioner determines that the
  exchange is in the best interest of the state.
         (e)  The commissioner may adopt rules necessary to implement
  this section.
         SECTION 2.  Section 31.066, Natural Resources Code, is
  amended by amending Subsections (a) and (c) and adding Subsection
  (d) to read as follows:
         (a)  If it is necessary for the United States government to
  acquire real property in this state to conduct remedial action at a
  site listed on the National Priorities List under the federal
  Comprehensive Environmental Response, Compensation and Liability
  Act of 1980 (42 U.S.C. Section 9601 et seq.), the commissioner [land
  office] may accept transfer on behalf of the state of the title and
  interest in the real property from the United States government.
  The commissioner [land office] may accept a transfer following
  completion of remedial action at a site only on the condition that
  the state will not incur any liability under that federal law solely
  by acquiring the title and interest in the real estate.
         (c)  Any title and interest in real property acquired by the
  commissioner [land office] under this section shall be held in the
  name of the state. Title or interest acquired under this section
  does not become a part of the permanent school fund or any other
  fund created by the Texas Constitution.
         (d)  The commissioner may sell any title or interest acquired
  by the state under this section in accordance with Section 31.158.
  Proceeds of the sale shall be deposited in the Texas farm and ranch
  lands conservation fund established under Chapter 183.
         SECTION 3.  Section 31.167, Natural Resources Code, is
  amended by amending Subsection (c) and adding Subsections (d) and
  (e) to read as follows:
         (c)  The special board of review must file a copy of the
  development plan in the deed records of the county in which the real
  property is located. Revisions to the development plan that are
  requested after the later of the 10th anniversary of the date on
  which the development plan was promulgated by the special board of
  review or the date on which the state no longer holds a financial or
  property interest in the real property subject to the plan are
  governed by local development policies and procedures.
         (d)  After issuance of an order establishing a development
  plan for real property that is not part of the permanent school fund
  or in which the permanent school fund does not have a financial
  interest, the composition of any future special board of review
  called to consider revision of that order must consist of:
               (1)  the presiding officer of the governing board of
  the agency or institution possessing the real property or the
  presiding officer's designated representative;
               (2)  two members who are employed by the agency or
  institution possessing the real property, appointed by the
  presiding officer of the governing board of the agency or
  institution or the presiding officer's designated representative;
               (3)  the county judge of the county in which the real
  property is located; and
               (4)  if the real property is located within the
  corporate boundaries or extraterritorial jurisdiction of a
  municipality, the mayor of the municipality.
         (e)  The member described by Subsection (d)(1) serves as the
  presiding officer of the special board of review.
         SECTION 4.  Section 183.058(a), Natural Resources Code, is
  amended to read as follows:
         (a)  The Texas farm and ranch lands conservation fund is an
  account in the general revenue fund that may be appropriated only to
  the land office to be used as provided by Subsection (b). The fund
  may not be used for grants to purchase or acquire any right or
  interest in property by eminent domain. The fund consists of:
               (1)  money appropriated by the legislature to the fund;
               (2)  public or private grants, gifts, donations, or
  contributions; [and]
               (3)  funds from any other source, including proceeds
  from the sale of bonds, state or federal mitigation funds, or funds
  from any local, state, or federal program;
               (4)  proceeds of the sale of real property not required
  for the management of real property under Section 31.065(d); and
               (5)  proceeds of the sale of real property under
  Section 31.066(d).
         SECTION 5.  Sections 191.021(b) and (d), Natural Resources
  Code, are amended to read as follows:
         (b)  If an institution of higher education notifies the
  committee in a timely manner (as established by the committee's
  rules) that it protests the proposed designation of a building or
  land under its control as a landmark, the matter becomes a contested
  case under the provisions of Sections 12 through 20 of the
  Administrative Procedure and Texas Register Act. In the conduct of
  proceedings under the Administrative Procedure and Texas Register
  Act, both the hearing officer in his or her recommendations to the
  committee and the committee in its determinations of findings of
  fact and conclusions of law shall consider, in addition to such
  other objective criteria as the committee may establish pursuant to
  Section 191.091 of this chapter:
               (1)  that the primary mission of institutions of higher
  education is the provision of educational services to the state's
  citizens;
               (2)  that the authority for expenditure of the portion
  of the state's resources allocated to institutions of higher
  education for construction and repair purposes is entrusted to the
  governing boards of institutions of higher education for the
  purpose of the furtherance of the primary mission of the respective
  institutions of higher education;
               (3)  whether the benefit to the state from landmark
  designation outweighs the potential inflexibility of use that may
  be a consequence of the designation; and
               (4)  whether the cost of remodeling and/or restoration
  that might be required under the permit procedures of the committee
  if the building were designated as a landmark may be so
  substantially greater than remodeling under procedures established
  by law for the review of remodeling projects for higher education
  buildings not so designated as to impair the proper use of funds
  designated by the state for educational purposes at the
  institution.
         (d)  Weighing the criteria set forth in Subsections (b) and
  (c) of this section against the criteria it adopts pursuant to
  Section 191.092 of this chapter and such criteria as it may adopt
  with regard to permit requirements, the committee shall designate a
  building or land under the control of an institution of higher
  education as a landmark or include a requirement in a permit only if
  the record before the committee establishes by clear and convincing
  evidence that such designation or inclusion would be in the public
  interest.
         SECTION 6.  This Act does not make an appropriation. A
  provision in this Act that creates a new governmental program,
  creates a new entitlement, or imposes a new duty on a governmental
  entity is not mandatory during a fiscal period for which the
  legislature has not made a specific appropriation to implement the
  provision.
         SECTION 7.  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. 3632 was passed by the House on April
  28, 2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 3632 on May 29, 2009, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 3632 on May 31, 2009, by the following vote:  Yeas 139,
  Nays 0, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3632 was passed by the Senate, with
  amendments, on May 23, 2009, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  3632 on May 31, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor