CHAPTER 496. LAND AND PROPERTY
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE G. CORRECTIONS
CHAPTER 496. LAND AND PROPERTY
SUBCHAPTER A. LAND
Sec. 496.001. ACQUISITION OF REAL PROPERTY. The board may
acquire real property through purchase, subject to specific
appropriative authority in the General Appropriations Act, or
through the acceptance of a gift, grant, or donation for a
facility.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 495.001 by Acts 1991, 72nd Leg., ch.
16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1995, 74th
Leg., ch. 321, Sec. 1.016, eff. Sept. 1, 1995.
Sec. 496.002. EMINENT DOMAIN. (a) The board has eminent domain
authority to condemn and acquire land if necessary to eliminate
security hazards, protect the life and property of citizens of
this state, or improve the efficiency, management, or operations
of the department.
(b) The exercise of the power of eminent domain by the board is
governed by Chapter 21, Property Code.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 495.002 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.017, eff. Sept. 1, 1995.
Sec. 496.0021. SALE OF DEPARTMENT REAL PROPERTY. (a) The board
may sell state-owned real property under the board's management
and control at the real property's fair market value. The General
Land Office shall negotiate and close a transaction under this
section on behalf of the board using procedures under Section
31.158(c), Natural Resources Code. Proceeds from the transaction
shall be deposited in the Texas capital trust fund.
(b) The board may authorize the sale of land directly to a local
government at fair market value without the requirement of a
sealed bid sale if the local government acquires the property for
use as a local correctional facility.
(c) The board shall authorize the sale of land directly to a
municipality at fair market value without the requirement of a
sealed bid sale if:
(1) the municipality seeking to acquire the land notifies the
department in writing of the municipality's desire to acquire the
land for municipal airport expansion;
(2) the land is located next to an active runway of a
municipally owned airport;
(3) the municipality is acquiring the land to expand municipal
airport facilities or supporting commercial operations for the
airport; and
(4) the department primarily uses the land for guard housing.
(d) After receiving the notice required by Subsection (c), the
board shall:
(1) obtain an appraisal of the land to be sold to the
municipality;
(2) request that the municipality provide the board with an
appraisal of the land to be sold; and
(3) determine whether a third appraisal by an appraiser mutually
selected by the department and municipality is necessary to
determine fair market value of the land to be sold.
(e) Within 18 months of receiving the notice required by
Subsection (c), the board shall finalize the sale of the land to
the municipality at fair market value.
(f) In determining the fair market value of land to be sold
under Subsection (c), the department shall consider the necessary
remediation that must be completed before the land can be used
for airport expansion. If a third appraisal is required under
Subsection (d), the fair market value is considered to be the
average of the three appraisals required under this section.
Added by Acts 1995, 74th Leg., ch. 215, Sec. 1, eff. Aug. 28,
1995; Acts 1995, 74th Leg., ch. 321, Sec. 1.018, eff. Sept. 1,
1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
25, Sec. 1, eff. May 12, 2009.
Sec. 496.003. LEASE OF REAL PROPERTY. (a) The board may lease
state-owned real property under the board's management and
control at the real property's fair market lease value. The
initial period of a lease under this section may not exceed 20
years. The lease may contain terms and conditions determined by
the board to be in the best interest of the department. Neither a
member of the board nor a person related to a member within the
second degree by affinity or within the third degree by
consanguinity, as determined under Subchapter B, Chapter 573, may
own an interest in an entity leasing real property under this
section.
(b) The department shall deposit in the general revenue fund to
the credit of a special account the proceeds of a lease entered
into under this section, after deducting expenses. The proceeds
may be used only for the payment of operating expenses of the
department. Sections 403.094 and 403.095 do not apply to the
dedication of lease proceeds under this subsection.
(c) The department shall notify taxing units authorized to
impose property taxes on land leased under this section that the
land has been leased. The department shall send a copy of the
lease by first class mail, return receipt requested, to each
taxing unit in which the land is located. The lessee is liable
for property taxes imposed on land leased under this section.
Added by Acts 1989, 72nd Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 495.003 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended as Sec.
495.003 by Acts 1991, 72nd Leg., ch. 561, Sec. 28, eff. Aug. 26,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(28),
eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 321, Sec. 1.019,
eff. Sept. 1, 1995.
Sec. 496.0031. TRANSFER OF FACILITIES. (a) The department may
transfer a correctional facility to another agency of the state,
and the agency receiving the facility subsequently may transfer
the facility back to the department.
(b) A transfer under this section requires the agreement of the
board and the governing body of the agency receiving the
correctional facility or returning the correctional facility to
the department, both as to the identity of the facility to be
transferred and to the method of transfer.
(c) In this section, "transfer" means to convey title to, lease,
or otherwise convey the beneficial use of a correctional facility
and land appurtenant to the facility.
Added by Acts 1995, 74th Leg., ch. 312, Sec. 1, eff. June 5,
1995; Acts 1995, 74th Leg., ch. 321, Sec. 1.020, eff. June 7,
1995.
Sec. 496.0032. AGRICULTURAL LEASE. The board under terms
advantageous to the department may lease real property for use by
the department for agricultural purposes and lease fixtures and
appurtenances to the property.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 8.09, eff. Sept. 1,
1999.
Sec. 496.004. EASEMENTS. (a) The board may grant or lease
permanent or temporary right-of-way easements on department land
for:
(1) public highways, roads and streets, and ditches;
(2) electric lines and pipelines, including necessary wires,
pipes, poles, and other equipment used to transmit, convey, or
distribute water, electricity, gas, oil, or similar substances or
commodities;
(3) electrical substations; or
(4) the provision of utilities for the operation of facilities
of the department and roadways for access to facilities of the
department.
(b) The board may not grant or lease an easement unless the
board receives fair and adequate consideration. However, the
board may without consideration grant a state highway easement to
the Texas Department of Transportation, a roadway easement to a
county for connecting roads between state highways, easements to
utility providers for utilities to serve facilities of the
department, and roadway easements to a city or a county to
provide roadways for facilities of the department.
(c) A grant or lease must contain a full reservation of minerals
in and under the land. The board may impose other fair and
reasonable conditions, covenants, and provisions.
(d) The department shall deposit money received from a grant or
lease of easements and money received from damages to department
land in the general revenue fund to the credit of a special
account. Money received under this section may be used only for
the payment of operating expenses of the department. Sections
403.094 and 403.095 do not apply to the dedication of money under
this section.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 495.004 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1991, 72nd Leg., ch. 508, Sec. 1, eff. June 13, 1991; Acts 1995,
74th Leg., ch. 165, Sec. 22(37), eff. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 321, Sec. 1.021, eff. Sept. 1, 1995.
Sec. 496.005. TAX EXEMPTION. (a) Property associated with a
facility described by Subsection (b) is exempt from taxation
during the time the property is used exclusively for the purposes
of the department.
(b) This section applies to:
(1) land in Anderson County owned by the state for the use and
benefit of the institutional division that is subject to a lease
granted by the board and a sublease entered into by the division
and the General Services Commission, on which is located the
correctional facility known as the Mark W. Michael Unit of the
Coffield Prison Farm; and
(2) a parcel of land in Anderson, Brazoria, Coryell, Houston,
Madison, or Walker County owned by the state for the use and
benefit of the institutional division that is subject to a lease
granted by the board and a sublease entered into by the division
and the General Services Commission, on which is located a trusty
camp facility.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 495.005 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.022, eff. Sept. 1, 1995.
Sec. 496.006. ROAD MAINTENANCE. (a) The department and the
Texas Department of Transportation may enter into and perform an
agreement or contract for the maintenance of a road in or
adjacent to a facility of the department.
(b) An agreement or contract entered into under this section and
payments made under the agreement or contract must conform with
the provisions of Chapter 771.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 495.006 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 165, Sec. 22(38), eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 321, Sec. 1.023, eff. Sept. 1, 1995.
Sec. 496.007. LOCATION OF NEW FACILITIES. In determining the
location of a facility to be built, the department, in evaluating
the advantages and disadvantages of the proposed location, shall
consider whether the proposed location is:
(1) close enough to a county with 100,000 or more inhabitants to
provide access to services and other resources provided in such a
county;
(2) cost-effective with respect to its proximity to other
facilities of the department;
(3) close to an area that would facilitate release of inmates or
persons confined in state jail felony facilities to their area of
residence; and
(4) close to an area that provides adequate educational
opportunities and medical care.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 495.007 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.024, eff. Sept. 1, 1995.
SUBCHAPTER B. PURCHASING PROCEDURES; PROPERTY INSURANCE
Sec. 496.051. PURCHASING PROCEDURES. (a) The department shall
comply with any special purchasing procedures requiring
competitive review under Subtitle D, Title 10. The department
shall test the goods and services that it purchases in accordance
with Section 2155.069 and may enter into a contract with a
private or public entity to assist with testing.
(b), (c) Repealed by Acts 1997, 75th Leg., ch. 1409, Sec. 9, eff.
Sept. 1, 1997.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 495.051 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.025, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 165, Sec. 17.19(5), (12), eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 335, Sec. 1, eff. May 27, 1997;
Acts 1997, 75th Leg., ch. 1206, Sec. 24, eff. Sept. 1, 1997.
Sec. 496.0515. HAZARDOUS WASTE MANAGEMENT CONTRACTS. (a) The
competitive bidding contract procedures established by Chapters
2155-2158, do not apply to a contract awarded by the department
for:
(1) testing a solid waste or other substance to determine
whether the waste or other substance is a hazardous waste; or
(2) the transport, storage, treatment, or disposal of a
hazardous waste.
(b) The department shall promulgate procedures for the purpose
of purchasing under Subsection (a). The department shall file
copies of the procedures promulgated under this subsection with
the comptroller.
Added by Acts 1991, 72nd Leg., ch. 920, Sec. 1, eff. June 16,
1991. Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.026, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 17.192, eff.
Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.53, eff. September 1, 2007.
Sec. 496.052. INSURANCE. (a) The board may purchase insurance
to protect the department from loss due to the damage, loss,
theft, or destruction of department aircraft.
(b) Insurance purchased by the board under this section must be
on a form approved by the State Board of Insurance.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 495.052 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1995, 74th Leg., ch. 321, Sec. 1.027, eff. Sept. 1, 1995.
SUBCHAPTER C. MANAGEMENT OF PROPERTY
Sec. 496.101. AUTOMATED INVENTORY AND MAINTENANCE SYSTEM. (a)
As funds are appropriated for that purpose, the department shall
establish for each facility of the department an automated
inventory and maintenance system that interacts with the
centralized computer system of the department.
(b) The system must maintain inventory records for parts and
supplies control, monitor preventive maintenance and warranty
schedules for equipment, estimate time standards for maintenance
jobs, and organize a work order control process.
Added by Acts 1993, 73rd Leg., ch. 238, Sec. 4.02, eff. Jan. 1,
1994. Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.028, eff.
Sept. 1, 1995.