87(R) SB 1679 - Enrolled version - Bill Text

	S.B.  No.  1679

	AN ACT
	relating to the creation of an urban land bank by certain
	municipalities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Subtitle A, Title 12, Local Government Code, is
	amended by adding Chapter 379H to read as follows:
	CHAPTER 379H. URBAN LAND BANK PROGRAM IN MUNICIPALITY WITH
	POPULATION OF TWO MILLION OR MORE
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec.  379H.001.    SHORT TITLE. This chapter may be cited as
	the Urban Land Bank Program for a Municipality with a Population of
	Two Million or More.
	Sec.  379H.002.    APPLICABILITY OF CHAPTER. This chapter
	applies only to a municipality with a population of two million or
	more.
	Sec.  379H.003.    DEFINITIONS. In this chapter:
	(1)    "Board" means the board of directors of a land
	bank.
	(2)    "Land bank" means an entity established or
	approved by the governing body of a municipality under this
	chapter.
	(3)    "Non-qualifying municipality" means a
	municipality to which this chapter does not apply and that is
	located in the same county in which a municipality to which this
	chapter does apply is predominantly located.
	(4)    "Real property" means land, land under water, and
	any structure, easement, air rights, franchise, or incorporeal
	hereditament, every estate, interest, and right therein, legal and
	equitable, including terms for years and liens by way of judgment,
	mortgage, or otherwise, and any fixture or improvement located
	thereon.
	Sec.  379H.004.    APPLICABILITY OF OTHER LAW. A land bank
	created under this chapter:
	(1)    is:
	(A)    a governmental unit, as defined by Section
	101.001, Civil Practice and Remedies Code;
	(B)    a local government corporation, as defined by
	Section 431.003, Transportation Code; and
	(C)    a public nonprofit corporation that has and
	may exercise all of the rights, powers, privileges, authority, and
	functions given by the general laws of this state to nonprofit
	corporations in this state;
	(2)    is not:
	(A)    a program created or operating under Chapter
	373 or 374; or
	(B)    a housing finance corporation created under
	Chapter 394; and
	(3)    must comply with the requirements of Chapters 551
	and 552, Government Code.
	Sec.  379H.005.    PURPOSE. A land bank created under this
	chapter exists for the purpose of acquiring, managing, and
	disposing of vacant, abandoned, deteriorated, non-revenue
	generating, and non-tax producing properties and converting those
	properties to productive uses.  For purposes of this subsection,
	productive uses of a property include the development of housing
	that serves a wide range of local needs, including affordable
	housing, long-term affordable housing, workforce housing, public
	service housing, mixed-income housing, community-based economic
	development, food desert solutions, parks and recreation, flood
	reduction and storm resiliency, and other uses necessary and
	appropriate to return properties to the tax rolls, stabilize
	communities, improve living conditions, and protect against the
	displacement of residents of the municipality served by the land
	bank.
	Sec.  379H.006.    CONSTRUCTION. This chapter shall be
	construed liberally to carry out the intended purposes as a
	complete and independent authorization for the performance of each
	and every act and thing authorized by this chapter, and all powers
	granted shall be broadly interpreted to carry out the intended
	purposes and not as a limitation of powers. Except as otherwise
	provided by this chapter, a land bank, in the exercise of its powers
	and duties under this chapter and with respect to real property held
	by the land bank, has the same amount of control as if the land bank
	represented a private property owner, and the land bank is not
	subject to restrictions imposed by the charter, ordinances, or
	resolutions of a local unit of government.