Sec. 534.023. SALE OF REAL PROPERTY ACQUIRED SOLELY THROUGH PRIVATE GIFT OR GRANT. (a) Except as provided by Subsection (d), a community center may sell center real property, including a building, without the approval of each appropriate department or any local agency that appoints members to the board of trustees, only if the real property was acquired solely through a gift or grant of money or real property from a private entity, including an individual.
(b) A community center that acquires real property by gift or grant shall, on the date the center acquires the gift or grant, notify the private entity providing the gift or grant that:
(1) the center may subsequently sell the real property; and
(2) the sale is subject to the provisions of this section.
(c) Except as provided by Subsection (d), real property sold under Subsection (a) must be sold for the property's fair market value.
(d) Real property sold under Subsection (a) may be sold for less than fair market value only if the board of trustees adopts a resolution stating:
(1) the public purpose that will be achieved by the sale; and
(2) the conditions and circumstances for the sale, including conditions to accomplish and maintain the public purpose.
(e) A community center must notify each appropriate department and each local agency that appoints members to the board of trustees not later than the 31st day before the date the center enters into a binding obligation to sell real property under this section. Each appropriate commissioner, on request, may waive the 30-day notice requirement on a case-by-case basis.
(f) The executive commissioner shall adopt rules relating to the notification process.
(g) A community center may use proceeds received from a sale of real property under this section only for a purpose authorized by this subchapter or for a public purpose authorized for a community center by state or federal law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 231 (H.B. 243), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability
Chapter 534 - Community Services
Subchapter A. Community Centers
Section 534.001. Establishment
Section 534.0015. Purpose and Policy
Section 534.002. Board of Trustees for Center Established by One Local Agency
Section 534.003. Board of Trustees for Center Established by at Least Two Local Agencies
Section 534.004. Procedures Relating to Board of Trustees Membership
Section 534.005. Terms; Vacancies
Section 534.0065. Qualifications; Conflict of Interest; Removal
Section 534.007. Prohibited Activities by Former Officers or Employees; Offense
Section 534.008. Administration by Board
Section 534.010. Executive Director
Section 534.012. Advisory Committees
Section 534.013. Cooperation of Departments
Section 534.014. Budget; Request for Funds
Section 534.015. Provision of Services
Section 534.0155. For Whom Services May Be Provided
Section 534.016. Screening and Continuing Care Services
Section 534.017. Fees for Services
Section 534.0175. Trust Exemption
Section 534.018. Gifts and Grants
Section 534.019. Contribution by Local Agency
Section 534.020. Acquisition and Construction of Property and Facilities by Community Center
Section 534.021. Approval and Notification Requirements
Section 534.022. Financing of Property and Improvements
Section 534.023. Sale of Real Property Acquired Solely Through Private Gift or Grant
Section 534.031. Surplus Personal Property
Section 534.033. Limitation on Department Control and Review
Section 534.035. Review, Audit, and Appeal Procedures
Section 534.036. Financial Audit
Section 534.037. Program Audit
Section 534.038. Appointment of Manager or Management Team