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AN ACT
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relating to the authority of a community center that provides |
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mental health or mental retardation services to sell certain real |
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property of the center. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 534, Health and Safety |
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Code, is amended by adding Section 534.023 to read as follows: |
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Sec. 534.023. SALE OF REAL PROPERTY ACQUIRED SOLELY THROUGH |
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PRIVATE GIFT OR GRANT. (a) Except as provided by Subsection (d), a |
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community center may sell center real property, including a |
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building, without the approval of the department or any local |
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agency that appoints members to the board of trustees, only if the |
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real property was acquired solely through a gift or grant of money |
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or real property from a private entity, including an individual. |
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(b) A community center that acquires real property by gift |
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or grant shall, on the date the center acquires the gift or grant, |
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notify the private entity providing the gift or grant that: |
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(1) the center may subsequently sell the real |
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property; and |
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(2) the sale is subject to the provisions of this |
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section. |
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(c) Except as provided by Subsection (d), real property sold |
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under Subsection (a) must be sold for the property's fair market |
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value. |
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(d) Real property sold under Subsection (a) may be sold for |
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less than fair market value only if the board of trustees adopts a |
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resolution stating: |
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(1) the public purpose that will be achieved by the |
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sale; and |
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(2) the conditions and circumstances for the sale, |
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including conditions to accomplish and maintain the public purpose. |
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(e) A community center must notify the department and each |
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local agency that appoints members to the board of trustees not |
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later than the 31st day before the date the center enters into a |
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binding obligation to sell real property under this section. The |
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commissioner, on request, may waive the 30-day notice requirement |
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on a case-by-case basis. |
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(f) The board shall adopt rules relating to the notification |
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process. |
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(g) A community center may use proceeds received from a sale |
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of real property under this section only for a purpose authorized by |
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this subchapter or for a public purpose authorized for a community |
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center by state or federal law. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 243 was passed by the House on April |
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3, 2013, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 243 on May 16, 2013, by the following vote: Yeas 142, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 243 was passed by the Senate, with |
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amendments, on May 15, 2013, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |