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.