CHAPTER 270. MISCELLANEOUS PROVISIONS AFFECTING THE ACQUISITION, 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 270. MISCELLANEOUS PROVISIONS AFFECTING THE ACQUISITION,
SALE, OR LEASE OF PROPERTY BY COUNTIES
Sec. 270.001. ACQUISITION OF REAL PROPERTY BY CONVEYANCE. A
deed, grant, or conveyance that is made, is acknowledged or
proven, and is recorded as other deeds of conveyance to a county,
to the courts or commissioners of a county, or to another person
for the use and benefit of a county vests in the county the
right, title, interest, and estate that the grantor had in the
property at the time the instrument was executed and that the
grantor intended to convey.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 270.002. PURCHASE AND SALE OF PROPERTY AFTER JUDGMENT. If
property is sold under execution or order of sale on a judgment
in favor of a county, including execution on a judgment in a case
of scire facias in the name of the state, the attorney or agent
representing the county, with the advice and consent of the
commissioners court, may purchase and dispose of the property for
the county in the same manner as an attorney or agent for the
state under Article 4401, Revised Statutes. The officer selling
the property shall execute and deliver to the county a deed to
the property. On sale of the property by the county, the
commissioners court, in the name of the county, shall execute and
deliver to the purchaser a deed to the property.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 270.003. ACQUISITION AND USE OF PUBLIC PLATFORM TONNAGE
SCALES. (a) The commissioners court of a county may, on the
presentation of a suitable written petition signed by 500 or more
inhabitants of the county, purchase and install one or more
public platform tonnage scales suitable and adapted for the
weighing of livestock, produce, agricultural products, or other
goods to facilitate the development of truck farming, cattle
raising, or other trade or business in which the availability of
a public scale is necessary or desirable.
(b) The commissioners court may operate a public scale. It may
provide adequate personnel for this purpose or it may lease or
rent, under terms and conditions it may set, the scale to a
responsible private person.
(c) The commissioners court may prescribe rules concerning the
use of a public scale, including the fee to be charged.
(d) A public scale provided for under this section must at all
times be available for use by the public.
(e) The money that may be collected or received from the use or
operation of a public scale or through a contract executed under
this section shall be deposited in the general fund of the
county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 270.004. AUTHORITY TO CONTRACT WITH FEDERAL GOVERNMENT FOR
ACQUISITION OF LAND OR HOUSING. (a) The commissioners court of
a county may:
(1) contract with the United States, including the General
Services Administrator and the Secretary of Housing and Urban
Development and their successors, for:
(A) the acquisition of land or an interest in land located in
the county that is owned by the United States; or
(B) the acquisition of temporary housing on land that the United
States owns or controls;
(2) acquire from the United States, by purchase, gift, or
otherwise, land or housing described in Subdivision (1); and
(3) own and operate land or housing acquired under this
subsection.
(b) The commissioners court may:
(1) adopt a resolution or order requesting the United States to
transfer to the county the land, housing, or the interest in the
land or housing that the United States is authorized to convey or
transfer to the county; and
(2) bind the county to comply with all terms and conditions
imposed by the United States as a prerequisite to the transfer or
conveyance of the land, housing, or the interest in the land or
housing.
(c) The instrument or deed conveying to the county the land,
housing, or the interest in the land or housing may contain
conditions, provisions, covenants, or warranties prescribed by
the United States and agreed on by the commissioners court acting
for the county, provided the terms are not prohibited by the
Texas Constitution.
(d) The commissioners court may issue negotiable bonds and levy
taxes for the interest and sinking funds of the bonds, in
accordance with Subtitles A and C, Title 9, Government Code, to
purchase or acquire in another manner the land or housing and to
improve, enlarge, extend, or repair the land or housing.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.292, eff. Sept.
1, 2001.
Sec. 270.005. CONTRACTS WITH FEDERAL GOVERNMENT FOR CONSTRUCTION
IN POPULOUS COUNTY. (a) The commissioners court of a county
with a population of 251,000 to 280,000 may contract with the
United States government or a federal agency for:
(1) the joint construction or improvement of roads, bridges, or
other county improvements; or
(2) the maintenance of a project constructed under this section.
(b) The county may pay for its part of the expense of a project
constructed under this section from available county funds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 95, eff. Sept. 1,
1991; Acts 2001, 77th Leg., ch. 669, Sec. 80, 81, eff. Sept. 1,
2001.
Sec. 270.006. REPORT ABOUT USE OF, OR ACCIDENT INVOLVING,
EQUIPMENT IN COUNTY WITH POPULATION OF 500,000 OR MORE. (a) In
this section, "equipment" means equipment purchased with and
operated with public funds or personal equipment for which an
employee or officer is reimbursed by a county or flood control
district for operation and maintenance charges.
(b) This section applies only to a county with a population of
500,000 or more.
(c) An officer or employee of a county, a district officer, or
an employee of a flood control district in the county who
operates equipment shall file with each payroll a report for each
piece of equipment in the charge of the employee or officer,
showing:
(1) the daily use of the equipment;
(2) the time and mileage run;
(3) the amount spent for repairs;
(4) the gasoline, oil, and grease purchased; and
(5) the road, bridge, or project on which work was performed.
(d) The report must be in writing and must be signed and
certified by the officer or employee actually using the
equipment.
(e) An officer or employee of the county, a district officer, or
an employee of a flood control district in the county shall file
a report of an accident involving equipment in the charge of the
employee or officer. The report must give the cause, damage,
location, circumstances, and persons and equipment involved in
the accident.
(f) A report under this section must be on a prescribed form and
must be filed on or before the fifth day of the month succeeding
the period of operation.
(g) A report under this section must disclose all facts
essential to a proper analysis of maintenance and operating costs
and other statistical purposes.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 270.007. SALE OF COMPUTER SOFTWARE. (a) A county may sell
or license a computer software application or software system
developed by the county for use by the county. A county may sell
or license a computer software application or software system
developed for the county by a person under contract unless the
contract specifically prohibits the county from selling or
licensing the application or system.
(b) Notwithstanding the provisions of Subsections (f) and (g), a
county may exclusively contract with a person to market the
application or system. A contract under this subsection shall be
awarded only in compliance with Section 262.030, Local Government
Code, concerning the alternative competitive procedure for
insurance or high technology items.
(c) The provisions of the open records law, Chapter 552,
Government Code, governing the cost of making copies of public
records do not apply to a software application or software system
subject to this section.
(d) In this section, "computer software application or software
system" includes documentation of the application or system, and
does not include any hardware or equipment associated with the
application or system.
(e) Notwithstanding any other provision of this section, the
provisions of this section apply only to (1) the sale or
licensure of a software application or software system by a
county or (2) a request under Chapter 552, Government Code, for a
computer software application or software system itself, and do
not apply to the cost of production for public inspection or
copying of information collected, assembled, or maintained
through the use of such software, including on-line instructions
on computer searches or information necessary to obtain records
from county computer systems, which cost shall be governed by
Subchapter F, Chapter 552, Government Code, without regard to the
cost of developing the software. Nothing in this section shall
preclude header or record information, necessary for conversion
and interpretation of electronic images, being made available for
electronic images of public records.
(f) Except as provided by Subsection (b), upon request of any
person, a county shall sell or license software under this
section for a price negotiated between the county and the person,
not to exceed the developmental cost to the county. Developmental
cost shall only include costs incurred under a contract to
procure the software or direct employee costs incurred to develop
the software. This subsection does not apply to any county
software that protects county computer systems from unauthorized
use or access.
(g) Repealed by Acts 2003, 78th Leg., ch. 301, Sec. 12.
(h) The provisions of this section shall not authorize the
development by a county of any software application or software
system not otherwise authorized by law.
(i) A county may not develop a computer application or software
system for the sole purpose of selling, licensing, or marketing
the software application or software system.
Added by Acts 1995, 74th Leg., ch. 758, Sec. 1, eff. Aug. 28,
1995. Amended by Acts 2003, 78th Leg., ch. 301, Sec. 10, 12, eff.
Sept. 1, 2003.
Sec. 270.008. DISPOSAL OF SUPER COLLIDER PROPERTY. (a) If the
United States Department of Energy returns or gives to any county
any property that was used or was to be used in connection with
or by a superconducting super collider high-energy research
facility, the county may sell, lease, or otherwise dispose of the
property by a method determined by the commissioners court of the
county.
(b) A commissioners court disposing of property under this
section is not required to comply with any provision of this
title, including Sections 263.001 and 272.001, requiring a public
auction or bidding process for the disposal of property.
Added by Acts 1997, 75th Leg., ch. 92, Sec. 1, eff. May 15, 1997.
Sec. 270.009. INTELLECTUAL PROPERTY OF COUNTY. A county may
acquire, apply for, register, secure, hold, protect, and renew
under the laws of this state, another state, the United States,
or any other nation:
(1) a patent for the invention or discovery of:
(A) any new and useful process, machine, manufacture,
composition of matter, art, or method;
(B) any new use of a known process, machine, manufacture,
composition of matter, art, or method; or
(C) any new and useful improvement on a known process, machine,
manufacture, composition of matter, art, or method;
(2) a copyright of an original work of authorship fixed in any
tangible medium of expression, now known or later developed, from
which the work may be perceived, reproduced, or otherwise
communicated, either directly or with the aid of a machine or
device;
(3) a trademark, service mark, collective mark, or certification
mark for a word, name, symbol, device, or slogan that the county
uses to identify and distinguish the county's goods and services
from other goods and services; and
(4) other evidence of protection of exclusivity issued for
intellectual property.
Added by Acts 2003, 78th Leg., ch. 301, Sec. 11, eff. Sept. 1,
2003.