Sec. 280.002. ACQUISITION OF REAL PROPERTY PERMITTED IN CERTAIN CIRCUMSTANCES. (a) Except as provided by Subsection (d), a local government may accept ownership of property located in the jurisdiction of the local government if:
(1) the property is properly conveyed as a gift by a grantor who acquired title to the property from a debtor in default;
(2) the grantor sent to the local government by registered mail a notice of the grantor's intent to convey the property to the local government; and
(3) the conveyance instrument grants to the local government unencumbered title to the property.
(b) The notice required by Subsection (a)(2) must be delivered to the county clerk of the county or the municipal clerk or secretary of the municipality in which the property is located. The county clerk or the municipal clerk or secretary shall place the notice of the intended conveyance on the agenda for a meeting of the governing body of the local government within 60 days. The grantor or the grantor's representative shall appear before the governing body of the local government at the meeting to answer any questions about the property. The local government shall accept or reject the proposed conveyance within 90 days of the meeting.
(c) A grantor may convey title to property to a local government under Subsection (a) immediately after the governing body of the local government approves the conveyance.
(d) A local government may not accept property conveyed under this section if:
(1) an unabated nuisance exists on the property; or
(2) ownership of the property will subject the local government to liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.), Chapter 361, Health and Safety Code, or Subchapter I, Chapter 26, Water Code.
(e) A local government that accepts property under this section may retain the property or dispose of the property by any method authorized by law.
(f) In this section, "local government" means a municipality or county.
(g) This section is cumulative of other statutory provisions relating to the same subject.
Added by Acts 1995, 74th Leg., ch. 775, Sec. 1, eff. Aug. 28, 1995.
Section: Previous 280.001 280.002 280.003 NextLast modified: September 28, 2016