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Texas Education Code - Section 11.1541. Donation Of Surplus Property

Legal Research Home > Texas Lawyer > Education Code > Texas Education Code - Section 11.1541. Donation Of Surplus Property

§ 11.1541. DONATION OF SURPLUS PROPERTY.  (a) The board 
of trustees of an independent school district may, by resolution, 
authorize the donation of real property and improvements formerly 
used as a school campus to a municipality, county, state agency, or 
nonprofit organization if:
		(1)  before adopting the resolution, the board holds a 
public hearing concerning the donation and, in addition to any 
other notice required, gives notice of the hearing by publishing 
the subject matter, location, date, and time of the hearing in a 
newspaper having general circulation in the territory of the 
district;
		(2)  the board determines that:                                               
			(A)  the improvements have historical 
significance;                        
			(B)  the transfer will further the preservation of 
the improvements;  and  
			(C)  at the time of the transfer, the district 
does not need the real property or improvements for educational 
purposes;  and
		(3)  the entity to whom the transfer is made has shown, 
to the satisfaction of the board, that the entity intends to 
continue to use the real property and improvements for public 
purposes.
	(b)  The president of the board of trustees shall execute a 
deed transferring ownership of the real property and improvements 
to the municipality, county, state agency, or nonprofit 
organization.  The deed must:
		(1)  recite the resolution of the board authorizing the 
donation;  and      
		(2)  provide that ownership of the real property and 
improvements revert to the district if the municipality, county, 
state agency, or nonprofit organization:
			(A)  discontinues use of the real property and 
improvements for public purposes;  or
			(B)  executes a document that purports to convey 
the property.             
	(c)  In this section, "nonprofit organization" means an 
organization exempt from federal income taxation under Section 
501(a), Internal Revenue Code of 1986, as an organization described 
by Section 501(c)(3) of that code.

Added by Acts 2001, 77th Leg., ch. 161, § 1, eff. Jan. 1, 2002.  
Amended by Acts 2003, 78th Leg., ch. 1189, § 1, eff. Sept. 1, 
2003.

Last modified: August 10, 2007