CHAPTER 263. SALE OR LEASE OF PROPERTY BY COUNTIES

Statutes > Texas Statutes > LOCAL GOVERNMENT CODE > TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY > CHAPTER 263. SALE OR LEASE OF PROPERTY BY COUNTIES

LOCAL GOVERNMENT CODE

TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY

SUBTITLE B. COUNTY ACQUISITION, SALE, OR LEASE OF PROPERTY

CHAPTER 263. SALE OR LEASE OF PROPERTY BY COUNTIES

SUBCHAPTER A. GENERAL PROVISIONS FOR REAL PROPERTY

Sec. 263.001. SALE OR LEASE OF REAL PROPERTY. (a) The

commissioners court of a county, by an order entered in its

minutes, may appoint a commissioner to sell or lease real

property owned by the county. The sale or lease must be made at a

public auction held in accordance with this section unless this

chapter provides otherwise.

(b) The appointed commissioner must publish notice of the

auction before the 20th day before the date the auction is held.

The notice must be published in English in a newspaper in the

county in which the real property is located and in the county

that owns the real property if not the same county. The notice

must be published once a week for three consecutive weeks before

the date the auction is held.

of the county by the appointed commissioner in conformance with

the order entered under Subsection (a) and that is properly

acknowledged, proved, and recorded is sufficient to convey the

county's interest in the property.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.002. ABANDONED SEAWALL OR HIGHWAY PROPERTY. (a) If

abandoned seawall or highway right-of-way property is no longer

needed for such a purpose, the county may sell or lease the

property only according to the following priorities:

(1) to an abutting or adjoining landowner;

(2) to the person who originally granted the right-of-way to the

county or the grantor's heirs or assigns;

(3) exclusively for public use to the United States, this state,

or a municipality within the municipal boundaries of which the

property is located; or

(4) at public auction in accordance with Section 263.001.

(b) A sale or lease to the public under this section is subject

to any restrictions and prohibitions contained in the deed of

conveyance under which the county originally acquired title to

the property.

the property to an abutting or adjoining landowner or to the

original grantor or the grantor's heirs or assigns, the

commissioners court, in addition to notice published in

accordance with Section 263.001, shall appoint an appraiser to

determine the fair market value and fair lease value of the

property to be sold or leased. The appraiser shall report those

values to the commissioner appointed to sell or lease the

property under Section 263.001. The appointed commissioner may

not sell or lease the property for an amount that is less than

the reported fair market value or fair lease value, as the case

may be.

(d) Before the commissioner sells or leases the property, the

commissioner shall report to the commissioners court the amount

of the proposed purchase or lease price. The commissioners court

shall determine whether an offer of sale, purchase, or lease is

reasonable and shall accept or reject the offer. The

commissioners court may reject any offer it determines to be

unreasonable.

(e) In addition to the sale price, a purchaser of abandoned

seawall or highway right-of-way property must pay all costs of

conducting the sale, including the appraisal fee.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.003. SCHOOL LANDS. (a) The commissioners court of a

county shall provide for the protection, preservation, and

disposition of lands granted to the county for educational

purposes.

(b) The commissioners court may dispose of land granted to the

county for educational purposes only as provided by law.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.004. RESTRICTIONS, CONDITIONS, AND LIMITATIONS. (a)

In a conveyance of real property, the commissioners court of a

county may provide for restrictions, conditions, and limitations

that it determines are necessary or proper.

(b) Each conveyance of abandoned seawall right-of-way property

under Section 263.002 must contain a restriction that a structure

may not be placed within 50 feet, or a greater distance

determined by the commissioners court, of the landward boundary

of the seawall right-of-way retained by the county.

commissioners court shall give a substantial statement of any

restriction, condition, or limitation to which a conveyance is

subject.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.005. USE BY PUBLIC UTILITY OR COMMON CARRIER. If, at

the time real property, or an interest in real property, is sold,

leased, or exchanged under this subchapter, a public utility or

common carrier that has the right of eminent domain is using the

property for right-of-way and easement purposes, the sale, lease,

exchange, conveyance, and surrender of possession of the property

or interest are subject to the right of and continued use by the

public utility or common carrier.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.006. EXCHANGE OF REAL PROPERTY. (a) The commissioners

court of a county, by an order entered in its minutes, may

authorize the exchange of an interest in real property owned by

the county for an interest in real property owned by an

individual, private partnership or corporation, or other private

entity, to be used for one or more public purposes for which a

county otherwise may acquire land. The exchange transaction may

include a partial cash payment.

(b) Except as provided by Subsection (d), before the

commissioners court exchanges an interest in real property under

this section, notice that the county will consider offers for an

exchange of the interest in real property must be published in

English in a newspaper of general circulation in the county in

which the real property is located and in the county that owns

the interest if not the same county. The notice must be published

once a week for three consecutive weeks before the date of the

exchange, with the date of the first publication being before the

20th day before the date of the exchange.

value of the interest in real property owned and being exchanged

by the county, and the appraisal is conclusive for purposes of

this section of the value so determined. An exchange may not be

made under this section for a total consideration, including cash

and interest in real property, that is less than the fair market

value of the interest in real property being exchanged by the

county. The commissioners court may reject any and all offers

made under this section.

(d) An exchange of an interest in real property originally

acquired by the county for street, right-of-way, or easement

purposes as consideration for the acquisition of another interest

in real property for street, right-of-way, or easement purposes

is not subject to the notice requirements of Subsection (b) but

is subject to the appraisal required by Subsection (c), whether

or not the exchange transaction includes a partial cash payment.

(e) This section does not apply to the exchange of an interest

in real property owned by a county for an interest in real

property owned by the United States, this state, or a

municipality or other political subdivision of this state.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.007. SALE OR LEASE OF REAL PROPERTY THROUGH SEALED-BID

PROCEDURE. (a) The commissioners court of a county may adopt a

procedure by which the county may sell or lease through a

sealed-bid or sealed-proposal procedure any real property,

including space in a building, owned by the county.

(b) The procedure must include a requirement that the county

publish, before a sale or lease is made, a notice of its intent

to sell or lease, as appropriate, the real property. The notice

must:

(1) be published in a newspaper of general circulation in the

county the commissioners court represents and, if the real

property is located in another county, in a newspaper of general

circulation in that other county;

(2) be published on two dates, with the date of the second

publication occurring before the 14th day before the date the

award of the sale or lease is made;

(3) include a description of the real property, including its

location; and

(4) include a description of the procedure by which sealed bids

or sealed proposals for the sale or lease may be submitted.

commissioners court shall:

(1) obtain an appraisal of the property's fair market value; and

(2) determine a minimum bid amount, based on the appraisal.

(d) Under the procedure, the commissioners court may reject any

and all bids submitted.

(e)(1) The commissioners court of a county may lease real

property owned or controlled by the county that was formerly

owned or controlled by the Texas Department of Mental Health and

Mental Retardation to a federal, state, or local government

entity for any purpose or to a nonprofit organization that is

exempt from federal taxation under Section 501(c)(3), Internal

Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)), to conduct

health and human service activities or such other activities

which the commissioners court finds to be in the public interest,

without using the sealed-bid or sealed-proposal process described

in Subsection (a) and without using any other competitive bidding

process which would otherwise be required by law.

(2) The commissioners court of a county with a population of one

million or more that contains two or more municipalities with a

population of 250,000 or more may lease real property owned or

controlled by the county to a for-profit entity to conduct health

and human service activities which the commissioners court finds

to be in the public interest, without using the sealed-bid or

sealed-proposal process described in Subsection (a) and without

using any other competitive bidding process which would otherwise

be required by law.

(3) Except as provided by Subdivision (4), a commissioners court

of a county that chooses to lease under this subsection shall

declare its intent to do so through written notice posted in the

same place and manner as the commissioners court posts its

regular meeting agenda not later than 30 days prior to the

beginning of the lease period. In setting the terms and

conditions of the lease, including but not limited to the amount

of the lease payment, the commissioners court may consider local

business custom regarding leases and the reasonable market value

of the leasehold, but the commissioners court is not bound

thereby and may also consider the extent to which the provision

of services or the other activities to be performed by the lessee

will benefit the public. This subsection does not limit the

ability of a commissioners court to enter into interlocal

agreements, contracts, or any other arrangement permitted by law.

(4) The 30-day posting period provided by Subdivision (3) does

not apply to a lease under Subdivision (1) or (2) if:

(A) the duration of the lease is 95 days or less; and

(B) the lease is to provide short-term emergency disaster relief

services to persons as a result of a disaster in the county or to

evacuees from another area as a result of an emergency evacuation

from that area.

(f) The procedure authorized by this section is an alternative

procedure to the procedure authorized by Section 272.001.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 60(a), eff. Aug. 28,

1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 13, Sec. 1,

eff. June 14, 1990; Acts 1995, 74th Leg., ch. 145, Sec. 1, eff.

May 19, 1995; Acts 1999, 76th Leg., ch. 14, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

138, Sec. 1, eff. May 18, 2007.

Sec. 263.008. BROKER AGREEMENTS AND FEES FOR THE SALE OF REAL

PROPERTY. (a) In this section, "broker" means a person licensed

as a broker under Chapter 1101, Occupations Code.

(b) The commissioners court of a county may contract with a

broker to sell a tract of real property that is owned by the

county.

broker produces a ready, willing, and able buyer to purchase a

tract of real property.

(d) If a contract made under Subsection (b) requires a broker to

list the tract of real property for sale for at least 30 days

with a multiple-listing service used by other brokers in the

county, the commissioners court on or after the 30th day after

the date the property is listed may sell the tract of real

property to a ready, willing, and able buyer who is produced by

any broker using the multiple-listing service and who submits the

highest cash offer.

(e) The commissioners court may sell a tract of real property

under this section without complying with the requirements for

conducting a public auction, including the requirements

prescribed by Section 263.001.

Added by Acts 1991, 72nd Leg., ch. 421, Sec. 1, eff. Aug. 26,

1991. Amended by Acts 1999, 76th Leg., ch. 1328, Sec. 1, eff.

June 18, 1999; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.790, eff.

Sept. 1, 2003.

SUBCHAPTER B. DISPOSITION OF CERTAIN REAL OR PERSONAL PROPERTY

Sec. 263.051. AIRPORT LAND. (a) The commissioners court of a

county may lease to any person any land acquired, by a purchase

or gift, by the county for an airport and may lease any

facilities on that land, unless the lease is prohibited by the

terms of the grant of the land to the county. The commissioners

court shall determine the conditions of the lease.

(b) The commissioners court may make contracts relating to

natural resources, including oil, gas, and other minerals, owned

by the county by virtue of the ownership of airport land,

including contracts for the exploration and development of those

resources. The commissioners court may execute and deliver

mineral deeds to or leases of all or part of the resources or

rights to the resources. The commissioners court shall determine

the terms of and consideration for the contract, which may

include oil payments, gas payments, overriding royalties, and

similar payments.

airport and the facilities on the airport land, the commissioners

court shall use:

(1) proceeds received from the lease of the surface of the

airport land or the facilities on that land for airport purposes

or purposes related to the operation of the airport; and

(2) proceeds received from charges for the use of the airport

for airport purposes.

(d) If at the end of the fiscal year a part of the proceeds

covered by Subsection (c) remains unspent, the commissioners

court may spend that amount for any lawful purpose.

(e) The commissioners court, for any lawful purpose, may spend:

(1) proceeds from the sale of minerals or mineral rights under

airport land and proceeds from the execution of mineral leases,

including cash bonuses, delay rentals, and royalties; and

(2) proceeds from the lease of the surface of airport land or

facilities on that land for purposes other than airport purposes

or purposes other than those relating to the operation of an

airport.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.052. CERTAIN LAND, HOUSING, OR FACILITIES ACQUIRED FROM

UNITED STATES. (a) A county may:

(1) lease or rent any land, housing, or facility acquired under

Section 270.004;

(2) establish and revise the amount charged for the lease or

rental;

(3) arrange or contract for the furnishing of services or

facilities for, or in connection with, that land, housing, or

facility or the occupants of that land, housing, or facility;

(4) sell or exchange all or part of that land or housing; and

(5) execute oil, gas, or mineral leases for all or part of that

land.

(b) The commissioners court of the county shall determine the

terms of an oil, gas, or mineral lease executed under this

section and the consideration for the lease, which may include

oil or gas payments, overriding royalties, and similar payments.

or mineral rights and may contract for the exploration and

development of minerals under all or part of the land.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.053. SALE AND SUBSEQUENT LEASE OR LICENSE OF PROPERTY

IN COUNTIES WITH POPULATION OF MORE THAN 250,000. (a) This

section applies only to counties with a population of more than

250,000.

(b) The commissioners court of the county may sell land,

buildings, facilities, or equipment for the purpose of making

contracts for the lease or rental of land, buildings, facilities,

or equipment or for receiving services from others for county

purposes. The commissioners court may pay regular monthly bills

for utilities, such as electricity, gas, and water, for the

property leased or rented or for the services received.

for-profit or other licensing agreement with a seller of wireless

communications service that may include a license to collocate

wireless communications technology on property owned by the

county.

(d) If a majority of the commissioners court determines that the

facilities and equipment are essential for the proper

administration of county government, the commissioners court may

pay for the facilities and equipment and for the regular monthly

bills from the general fund of the county. The commissioners

court must make the payment by warrant in the manner that

payments for other obligations of the county are made.

(e) A construction project initiated for a purpose authorized by

this section may be awarded only by a contract that provides for

the payment of the prevailing wage for all mechanics, laborers,

and others employed in the construction project. The

commissioners court of Tarrant County shall set the prevailing

wage, which must be the same prevailing wage set by the

commissioners court of that county for all construction projects

involving the expenditure of county funds.

(f) On or before the expiration of a contract made under this

section, the facilities may be purchased by the county and paid

for from its general fund if a majority of the commissioners

court agrees that the purchase price is reasonable.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 2003, 78th Leg., ch. 585, Sec. 1, eff. June 20,

2003.

Sec. 263.054. RELINQUISHMENT OF ABANDONED LAND. The

commissioners court of a county by order may, as if there has

been a failure of consideration, relinquish and convey land

donated to the county for county purposes to the donor of the

land or the donor's successor in title if:

(1) on the date of the order, the land has been abandoned and

not used by the county for the purpose of the donation for more

than 40 years; and

(2) it is shown that the donor of the land and the donor's

successors in title have been in actual, continuous, open,

peaceful, and adverse possession of the land for 40 years or more

preceding the date of the order.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.055. CONVEYANCE OF PROPERTY FROM COUNTY TO TEXAS

A&I UNIVERSITY FOUNDATION, INC. (a) A county may convey

surplus personal or real property of the county at a private sale

to Texas A&I University Foundation, Inc., for any fair

consideration approved by the commissioners court of the county.

(b) Property conveyed under this section must be used for higher

education purposes in the county that conveyed the property. If

at any time after the date a conveyance of real property is

executed under this section the real property is used for a

purpose other than a higher education purpose, ownership of the

property reverts to the county that conveyed the property.

commissioners court must authorize the conveyance by an order

entered in its minutes. The order must:

(1) describe the property to be conveyed;

(2) state the consideration to be paid; and

(3) direct the county judge of the county to execute in the name

of the county a conveyance to Texas A&I University

Foundation, Inc., and to promptly make the conveyance on payment

of the consideration to the appropriate officer of the county.

(d) An instrument of conveyance executed by the county judge

must be in the form and contain the covenants and warranties

prescribed by the commissioners court.

Added by Acts 1993, 73rd Leg., ch. 393, Sec. 1, eff. Aug. 30,

1993.

SUBCHAPTER C. LEASE OR SALE OF REAL PROPERTY FOR PRIVATELY OWNED

HOTEL

Sec. 263.101. APPLICATION OF SUBCHAPTER TO POPULOUS COUNTIES.

This subchapter applies only to a county with a population of

more than 1.3 million.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 2001, 77th Leg., ch. 669, Sec. 79, eff. Sept. 1,

2001.

Sec. 263.102. LEASE. (a) The commissioners court of the county

may lease real property owned by the county and air rights above

that property to an individual or a private corporation or

association, and make agreements with an individual or a private

corporation or association for the construction, ownership,

maintenance, operation, or expansion of a privately owned hotel

and related facilities that are operated in conjunction with an

existing convention center owned by the county.

(b) The commissioners court may lease real property under this

section regardless of the property's being encumbered by existing

revenue bonds. In leasing the property, the commissioners court

must comply with all applicable conditions of existing revenue

bonds except those waived by the holders of the bonds.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.103. CREATION OF ENCUMBRANCE. (a) A lease or other

agreement executed under this subchapter may not subject the real

property to a pledge or mortgage, other than existing revenue

bonds, refunding bonds, or other indentures for the release of

existing revenue bonds, or to an encumbrance that did not exist

on the date the lease or agreement was executed.

(b) A lease under this subchapter must specifically provide that

the real property subject to the lease is not encumbered or

mortgaged by the lease or by any agreement executed in connection

with the lease.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.104. LENDING CREDIT. A county executing a lease under

this subchapter may not in any way lend its credit to an

individual or a private corporation or association in connection

with the lease.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.105. CONDITIONS OF LEASE. (a) A lease under this

subchapter may initially be effective for the term of a mortgage

covering the construction of the hotel and related facilities.

The lease may provide to the parties constructing, owning, or

operating the hotel or related facilities an option to renew the

lease.

(b) The lease must be made on a competitive bid. Consideration

for the lease may not be less than the fair market lease value of

the property and air rights being leased.

conditions of the lease.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.106. SALE. (a) The commissioners court of a county

may sell land owned by the county and the air rights above the

land to an individual or a private corporation or association if:

(1) all existing revenue bond obligations encumbering the land

have been fully discharged as to bondholders;

(2) a hotel has been built on the land in conjunction with an

existing convention center and the hotel has been operated

continuously for at least five years from its inception;

(3) the parties to an existing lease of land mutually agree to

the sale of the land and the air rights; and

(4) the county receives an amount for the land and air rights

that is fair under the market conditions existing at the time of

the sale.

(b) The commissioners court may impose deed restrictions or

reverters to preserve the use of the land for a purpose

consistent with the construction, expansion, ownership, and

operation of a hotel and related facilities in conjunction with a

convention center.

appurtenant to the land on which the hotel or related facilities

have been built.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.107. EXPENDITURE OF TAX FUNDS. In an agreement

authorized by this subchapter, the commissioners court of a

county may spend tax funds consistent with state law but must

limit each commitment or expenditure of tax funds associated with

the agreement to an amount available from current revenues of the

county.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER D. DISPOSITION OF SALVAGE OR SURPLUS PROPERTY

Sec. 263.151. DEFINITIONS. In this subchapter:

(1) "Salvage property" means personal property, other than items

routinely discarded as waste, that because of use, time,

accident, or any other cause is so worn, damaged, or obsolete

that it has no value for the purpose for which it was originally

intended.

(2) "Surplus property" means personal property that:

(A) is not salvage property or items routinely discarded as

waste;

(B) is not currently needed by its owner;

(D) possesses some usefulness for the purpose for which it was

intended.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 61(b), eff. Aug. 28,

1989.

Sec. 263.152. DISPOSITION. (a) The commissioners court of a

county may:

(1) periodically sell the county's surplus or salvage property

by competitive bid or auction, except that competitive bidding or

an auction is not necessary if the purchaser is another county or

a political subdivision within the county that is selling the

surplus or salvage property;

(2) offer the property as a trade-in for new property of the

same general type if the commissioners court considers that

action to be in the best interests of the county;

(3) order any of the property to be destroyed or otherwise

disposed of as worthless if the commissioners court undertakes to

sell that property under Subdivision (1) and is unable to do so

because no bids are made;

(4) dispose of the property by donating it to a civic or

charitable organization located in the county if the

commissioners court determines that:

(A) undertaking to sell the property under Subdivision (1) would

likely result in no bids or a bid price that is less than the

county's expenses required for the bid process;

(B) the donation serves a public purpose; and

consideration, such as relieving the county of transportation or

disposal expenses related to the property;

(5) transfer gambling equipment in the possession of the county

following its forfeiture to the state to the Texas Building and

Procurement Commission for sale under Section 2175.904,

Government Code; or

(6) order any vehicle retired under a program designed to

encourage the use of low-emission vehicles to be crushed and

recycled, if practicable, without a competitive bid or auction.

(a-1) The commissioners court shall remit money received from

the Texas Building and Procurement Commission from the sale of

gambling equipment under Section 2175.904(c), Government Code,

less administrative expenses incurred by the county in connection

with the transfer and sale of the equipment, to the local law

enforcement agency that originally seized the equipment.

(b) If the property is earth-moving, material-handling, road

maintenance, or construction equipment, the commissioners court

may exercise a repurchase option in a contract in disposing of

property under Subsection (a)(1) or (a)(2). The repurchase price

of equipment contained in a previously accepted purchase contract

is considered a bid under Subsection (a)(1) or (a)(2).

78th Leg., ch. 345, Sec. 3.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 61(b), eff. Aug. 28,

1989; Acts 1991, 72nd Leg., ch. 416, Sec. 3, eff. Sept. 1, 1991;

Acts 1993, 73rd Leg., ch. 237, Sec. 1, eff. Aug. 30, 1993; Acts

1995, 74th Leg., ch. 746, Sec. 5, eff. Aug. 28, 1995; Acts 1999,

76th Leg., ch. 254, Sec. 1, eff. May 28, 1999; Acts 2003, 78th

Leg., ch. 43, Sec. 1, 2, eff. May 15, 2003; Acts 2003, 78th Leg.,

ch. 345, Sec. 1, 3, eff. June 18, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1233, Sec. 2, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

931, Sec. 1, eff. September 1, 2009.

Sec. 263.153. NOTICE. (a) The commissioners court shall

publish notice of a sale of surplus or salvage property in at

least one newspaper of general circulation in the county.

(b) The notice must be published on or after the 30th day but

before the 10th day before the date of the sale.

Chapter 1802, Occupations Code, who uses an Internet auction site

offering online bidding through the Internet to sell surplus or

salvage property under this subchapter having an estimated value

of not more than $500 shall satisfy the notice requirement under

this section by posting the property on the site for at least 10

days unless the property is sold before the 10th day.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1150, Sec. 1, eff. June 19, 2009.

Sec. 263.154. REJECTION OF OFFER. The commissioners court or

its designated representative conducting the sale may reject any

offer to purchase surplus or salvage property if the court or

representative finds the rejection to be in the best interests of

the county.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.155. RECORD. (a) The commissioners court shall keep a

record of each item of surplus or salvage property sold and the

sale price of each item.

(b) The commissioners court shall keep, for one year, a record

of each item of surplus or salvage property destroyed or

otherwise disposed of.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 61(c), eff. Aug. 28,

1989.

Sec. 263.156. PROCEEDS. Unless otherwise provided by law, the

commissioners court shall deposit the proceeds from the sale of

surplus or salvage property:

(1) in the county treasury to the credit of the general fund or

the fund from which the property was purchased; or

(2) if the property was used for maintenance or construction of

county roads and bridges, in the county treasury to the credit of

the county road and bridge fund.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.157. TITLE. If a purchaser of surplus or salvage

property at a sale held in accordance with this subchapter

complies in good faith with the conditions of the sale and the

applicable rules of the commissioners court, the purchaser

obtains good title to the property.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.158. RULES. The commissioners court may adopt rules

necessary to administer this subchapter.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER E. CONVEYANCE OF REAL PROPERTY FROM COUNTY TO UNITED

STATES

Sec. 263.201. ACQUISITION AND CONVEYANCE OF LAND FOR WATER

PROJECTS. (a) If a county that has a part of its boundary

coincident with a part of the international boundary between the

United States and Mexico, or that is contiguous to such a county,

has made an agreement with the United States to acquire and, on

request, convey to the United States, with or without monetary

consideration, land or an interest in land desired by the United

States to enable the United States or an establishment of the

United States to carry out an act of the United States Congress

in aid of navigation, irrigation, flood control, or improvement

of water courses and to accomplish a purpose specified by Section

2204.101, Government Code, the commissioners court of the county

may:

(1) on request by the United States through its proper officer

for the conveyance of land, or an interest in land, that is

necessary for the construction, operation, or maintenance of the

water project, acquire the land or interest in land by gift or

purchase or by condemnation in accordance with Chapter 21,

Property Code, for ultimate conveyance to the United States; and

(2) pay for the land or interest in land from special flood

control funds or other available county funds.

(b) In a condemnation by the county, the county, after the award

by the special commissioners appointed under Chapter 21, Property

Code, may file a declaration of taking adopted by resolution of

the commissioners court and signed by the county judge.

(1) a declaration that the land or interest in land described in

the original petition is taken for a public purpose and for

ultimate conveyance to the United States;

(2) a description of the land sufficient for the identification

of the land;

(3) a statement of the estate or interest in the land being

taken;

(4) a statement of the public use to be made of the land;

(5) a plan showing the land being taken; and

(6) a statement of the amount of damages awarded by the special

commissioners, or by the jury on appeal, for the taking of the

land.

(d) When the commissioners court files the declaration of taking

with the county clerk, deposits money in an amount equal to the

amount of the award against the county with the county clerk

subject to the order of the defendant, and pays any costs awarded

against the county:

(1) the land is considered to be condemned and taken for the

uses specified in the declaration;

(2) the title to the estate or interest in the land specified in

the declaration vests in the county; and

(3) the right to just compensation vests in the person entitled

to the compensation.

(e) When title passes, the commissioners court may immediately

convey the land or interest in land to the United States.

(f) An appeal from an award of the special commissioners or the

service of process by publication does not suspend the vesting of

title in the county. On appeal the only issue is the amount of

damages due from the county to the owner of the land or interest

in land for its taking.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(24), eff.

Sept. 1, 1995.

Sec. 263.202. CONVEYANCE FOR PUBLIC BUILDING. (a) A county

that owns land used for public purposes that exceeds the amount

of land needed by the county for its public purposes may sell all

or part of the excess to the United States at a private sale for

any fair consideration approved by the commissioners court of the

county. The sale must be made under the statutes of the United

States authorizing the acquisition of sites for public buildings.

(b) The commissioners court of the county is responsible for

determining whether an excess of land exists and the extent to

which the excess may be sold and conveyed under this section.

commissioners court must authorize the conveyance by an order

entered in its minutes. The order must:

(1) describe the land to be conveyed;

(2) state the consideration to be paid; and

(3) direct the county judge of the county to execute in the name

of the county a conveyance to the United States and to promptly

make delivery of the conveyance on payment of the consideration

to the appropriate officer of the county.

(d) An instrument of conveyance executed by the county judge

must be in the form, and contain the covenants and warranties,

prescribed by the commissioners court. The instrument must

reserve concurrent jurisdiction over the conveyed land for the

service of all state criminal and civil process.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.203. CONVEYANCE FOR CIVIL WORKS PROJECT. If a county

owns and controls land, or an interest in land, that is used or

proposed to be used as a part of the site of a flood control,

river and harbor improvement, water conservation, or other civil

works project constructed or to be constructed by the United

States, the county judge of the county, on order of the

commissioners court or on a request of the United States that is

supported by an order of the commissioners court, may convey an

easement, or other interest in land, necessary for the

construction, operation, and maintenance of the project to the

United States or to a political subdivision, agency, or

instrumentality of this state that is cooperating with the United

States in the project.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.204. CONVEYANCE FOR MILITARY INSTALLATION OR FACILITY.

If a county owns and controls land, or an interest in land, near

a federally owned or operated military installation or facility,

the county judge of the county, on order of the commissioners

court or on a request of the United States that is supported by

an order of the commissioners court, may convey to the United

States an easement, or other interest in the land, that is

necessary for the construction, operation, and maintenance of the

installation or facility.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.205. CONSIDERATION. The commissioners court shall

determine the consideration for a conveyance under Section

263.203 or 263.204 and may determine that monetary consideration

is not required.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 263.206. ASSENT TO GRANT OF EASEMENT. If the county does

not own the fee simple title to land described by Section 263.203

or 263.204 and if the owner of the fee simple has executed an

easement to the land for the purposes for which a conveyance is

authorized under Section 263.203 or 263.204, the county judge, on

order of the commissioners court, may join in and assent to the

easement in the instrument granting the easement or in a separate

instrument.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER F. ADVERTISING SPACE

Sec. 263.251. SALE OR LEASE OF ADVERTISING SPACE. (a) The

commissioners court of a county may adopt a procedure by which

the county may:

(1) lease to another entity advertising space located:

(A) in or on a building or part of a building owned by the

county;

(B) on a vehicle owned by the county; or

(2) sell advertising space located on correspondence distributed

by the county through the United States Postal Service.

(b) The procedure must include a requirement that the county

publish, before a sale or lease is made, a notice of its intent

to sell or lease the advertising space. The notice must:

(1) be published:

(A) at least one time in a newspaper of general circulation in

the county not earlier than the 30th day or later than the 14th

day before the date the award of the sale or lease is made; and

(B) on the county's official website continuously for the 14

days immediately before the date the award of the sale or lease

is made;

(2) include a description of the advertising space, including

its location and a description of the part of any real or

personal property that the advertising space occupies; and

(3) include a description of the procedure by which bids or

proposals for the sale or lease may be submitted.

and all bids or proposals submitted.

Added by Acts 2005, 79th Leg., Ch.

1094, Sec. 29, eff. September 1, 2005.

Find Legal Information

Texas Codes and Statutes

CHAPTER 263. SALE OR LEASE OF PROPERTY BY COUNTIES