S.B. No. 1149
 
 
 
 
AN ACT
  relating to authorizing the Texas Board of Criminal Justice to sell
  certain real property for municipal airport expansion.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 496.0021, Government Code, is amended by
  adding Subsections (c), (d), (e), and (f) to read as follows:
         (c)  The board shall authorize the sale of land directly to a
  municipality at fair market value without the requirement of a
  sealed bid sale if:
               (1)  the municipality seeking to acquire the land
  notifies the department in writing of the municipality's desire to
  acquire the land for municipal airport expansion;
               (2)  the land is located next to an active runway of a
  municipally owned airport;
               (3)  the municipality is acquiring the land to expand
  municipal airport facilities or supporting commercial operations
  for the airport; and
               (4)  the department primarily uses the land for guard
  housing.
         (d)  After receiving the notice required by Subsection (c),
  the board shall:
               (1)  obtain an appraisal of the land to be sold to the
  municipality;
               (2)  request that the municipality provide the board
  with an appraisal of the land to be sold; and
               (3)  determine whether a third appraisal by an
  appraiser mutually selected by the department and municipality is
  necessary to determine fair market value of the land to be sold.
         (e)  Within 18 months of receiving the notice required by
  Subsection (c), the board shall finalize the sale of the land to the
  municipality at fair market value.
         (f)  In determining the fair market value of land to be sold
  under Subsection (c), the department shall consider the necessary
  remediation that must be completed before the land can be used for
  airport expansion. If a third appraisal is required under
  Subsection (d), the fair market value is considered to be the
  average of the three appraisals required under this section.
         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 hereby certify that S.B. No. 1149 passed the Senate on
  April 2, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1149 passed the House on
  April 30, 2009, by the following vote:  Yeas 144, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor