HBA-NLM H.B. 2094 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2094
By: Greenberg
Land & Resource Management
4/8/1999
Introduced



BACKGROUND AND PURPOSE 

The General Land Office (GLO) is charged with finding the highest and best
use for property, possessed by a state agency, that the GLO determines to
be underused or underutilized.  Alternate uses include offering the land
for lease or sale, or handing the land over to the GLO for other state
purposes. If the agency chooses to develop the property and offers it for
lease, the Asset Management Division (division) of GLO has oversight of the
transaction.  

H.B. 2094 requires the division to form a proposal review committee
(committee) for each real estate transaction, if the division makes
recommendation and solicits proposals for alternative uses of certain real
property. In addition, this bill requires the division to create a master
plan for all real property owned by the state using the inventory records,
and to update the master plan each year the division conducts a property
review under Section 31.156 (Property Review). 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 31.154, Natural Resources Code, as follows:

Sec. 31.154. New title: PROPERTY INVENTORY; MASTER PLAN.  Requires the
Asset Management division (division) of the General Land Office to create a
master plan for all real property owned by the state using the division's
inventory records.  Requires the division to update the master plan each
year the division conducts a property review under Section 31.156 (Property
Review).  Makes a nonsubstantive change. 

SECTION 2.  Amends Section 31.156(b), Natural Resources Code, to require
the division to seek local input on the recommendations regarding the use
of the property or any real estate transaction involving the property.
Makes a nonsubstantive change. 

SECTION 3.  Amends Subchapter E, Chapter 31, Natural Resources Code, by
adding Section 31.1565, as follows: 

Sec. 31.1565.  PROPOSAL REVIEW COMMITTEE. (a) Requires the division to form
a proposal review committee (committee) for each real estate transaction,
if the division makes recommendation and solicits proposals for alternative
uses of certain real property under Section 31.156(b) (relating to the
requirement for the division to identify real property not being used). 

(b) Requires a committee to be composed of at least one representative from
certain groups described by this subsection.  

(c)  Requires the committee to review each real estate transaction and
obtain input to the extent possible from all persons potentially affected
by the proposed real estate transaction. Requires the committee to provide
the division with written recommendations  in the manner provided.
Provides that the division must submit the recommendations of the committee
to the Commissioner of the General Land Office under Section 31.156(c)
(relating to the evaluation of areal estate transaction involving the real
property). 

SECTION 4.  Effective date:  September 1, 1999.
                       Makes application of Sections 2 and 3 of this Act
prospective. 

SECTION 5.  Emergency clause.