Tex.
Local Gov't Code Section 253.011
Conveyance to Nonprofit Corporation for Public Use
(a)
In this section, “nonprofit organization” means an organization exempt from federal taxation under Section 501(c)(3), Internal Revenue Code of 1986, as amended.(b)
This section does not apply to a municipality with a population of 1.9 million or more.(c)
A municipality may transfer to a nonprofit organization, for consideration described by this section, real property or an interest in real property without complying with the notice and bidding requirements of Section 272.001 (Notice of Sale or Exchange of Land by Political Subdivision; Exceptions)(a) or other law.(d)
Consideration for the transfer authorized by this section shall be in the form of an agreement between the parties that requires the nonprofit organization to use the property in a manner that primarily promotes a public purpose of the municipality. If the nonprofit organization at any time fails to use the property in that manner, ownership of the property automatically reverts to the municipality.(e)
The municipality shall transfer the property by an appropriate instrument of transfer. The instrument must include a provision that:(1)
requires the nonprofit organization to use the property in a manner that primarily promotes a public purpose of the municipality; and(2)
indicates that ownership of the property automatically reverts to the municipality if the nonprofit organization at any time fails to use the property in that manner.(f)
Provided, however, that if the real property to be transferred lies outside the municipality’s corporate limits and outside the county where 80 percent of the municipality’s residents reside, the municipality must obtain the consent of the county commissioners court in the county where the real property is located.
Source:
Section 253.011 — Conveyance to Nonprofit Corporation for Public Use, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.253.htm#253.011 (accessed Jun. 5, 2024).
