Sec. 13.009. SALE OR EXCHANGE OF LAND. (a) The director with the approval of the commission may execute a deed exchanging real property or an interest in real property either as all or partial consideration for other real property or interest in real property. The director with the approval of the commission may execute a deed selling real property or an interest in real property under the jurisdiction of the department if ownership of the real property is no longer in the best interest of the department.
(b) The department shall receive a good and marketable title to all land exchanged under this section.
(c) All land to be received in the exchange must be appraised and if the land to be received is of greater value, as determined by an independent and competent appraisal, than the state land exchanged, the department may use funds available for land acquisitions as a partial consideration for the exchange.
(d) The receipts from the sale of land under this section shall be used for improving or acquiring other real property dedicated to the same purpose for which the land sold was dedicated.
(e) Notwithstanding any other law or charter provision to the contrary, the department and a municipality may agree to exchange park properties under the control or management of the department or municipal government on the following conditions:
(1) the properties to be exchanged shall continue to be dedicated park properties and used for park purposes;
(2) no election is required by the municipality to authorize the exchange; and
(3) all of the provisions of Subsections (a) through (d) of this section are complied with by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975. Amended by Acts 1977, 65th Leg., p. 609, ch. 220, Sec. 1, eff. May 24, 1977; Acts 1979, 66th Leg., p. 550, ch. 260, art. 3, Sec. 2, eff. Sept. 1, 1979; Acts 1987, 70th Leg., ch. 1069, Sec. 1, eff. June 20, 1987; Acts 1991, 72nd Leg., ch. 246, Sec. 1, eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 617, Sec. 3, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 2 - Parks and Wildlife Department
Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas
Subchapter A. General Powers and Duties
Section 13.001. Control by Department
Section 13.002. Development and Acquisition of Outdoor Areas
Section 13.003. Gifts and Improvements of Park Sites
Section 13.004. Financing of Park Programs
Section 13.0041. Use of Certain Bond Revenue
Section 13.0044. Preference for Certain Park Programs
Section 13.0045. Revenue Bonds for Parks and Wildlife Facilities
Section 13.0046. Cooperation With Institutions of Higher Education
Section 13.005. Acquisition of Historical Sites
Section 13.0051. Coordination With Texas Historical Commission; Report on Preservation Plans
Section 13.0053. Reference to Historical Sites
Section 13.006. Lease of Lands
Section 13.0061. Lease of Grazing Rights on Park Lands; Sale of Products
Section 13.007. Investigation Expenses
Section 13.0075. Eligibility Criteria for Inclusion of Real Property in State Parks System
Section 13.008. Solicitation, Receipt, and Transfer of Land
Section 13.009. Sale or Exchange of Land
Section 13.010. Historic Sites
Section 13.011. Natural Features
Section 13.012. Roadside Parks
Section 13.013. Construction of Roads by Texas Department of Transportation
Section 13.014. Roads and Trails to Certain Park Sites
Section 13.015. Park User Fees; Concessions
Section 13.0151. State Park Passes
Section 13.0155. Use of Parks and Wildlife Department Brand
Section 13.017. Publications on Parks
Section 13.018. State Parklands Passport
Section 13.019. Facility Reservation System and Fee
Section 13.0191. Facility and Lodging Fees
Section 13.020. Local Public Hearings on Park Development Plans