Part XII.
Texas Military Facilities Commission
Chapter 378.
Sale of Commission Property
37 TAC §§378.1-378.3
The Texas Military Facilities Commission adopts new §§378.1-378.3,
concerning the Sale of Commission Property. New §378.1 and §378.2
are adopted with changes to the proposed text as published in the November
20, 1998, issue of the
Texas Register
(23
TexReg 11786). New §378.3 is adopted without changes and will not be
republished.
The new sections describe the circumstances under which Commission real
property is eligible for sale and describe the manner by which the property
will be advertised for sale. The new sections also notify purchasers of certain
bid requirements and that the property will be conveyed by special warranty
deed with a reservation to the state of a one-sixteenth mineral interest.
All bids may be rejected. Finally, the new sections describe the expenses
that will be borne by the Commission.
The Commission received no comments on the sections as proposed.
New §378.1 and §378.2 as adopted vary from the sections as proposed.
In §378.1 the word "property" is substituted for the word "Estate". In
§378.2 the word "property" is substituted for the word "estate", and
the phrase "real property" is substituted for the words "land" and "property".
Counsel for the Commission has advised that the changes affect no new persons,
entities, or subjects other than those given notice and that the changes are
nonsubstantive. Accordingly, republication of the adopted sections as proposed
new sections is not required.
The new sections are adopted under the Government Code, §435.011.
The Commission interprets §435.011 as authorizing it to adopt rules necessary
to carry out Chapter 435, including rules for the disposition of its real
property as set forth in the Government Code, §435.013 and §435.025.
§378.1. Property Eligible for Sale.
Real property is eligible for sale when it is fully paid for and free
of liens, if:
(1)
the Adjutant General and the Commission declare the property
surplus; and
(2)
the sale is in the best interest of the Commission
and the Texas National Guard.
§378.2. Real Property Sales.
(a)
The real property shall be advertised for cash sale to
the highest bidder.
(b)
The advertisement shall be published in at least two newspapers
of general circulation including, if possible, the county in which the real
property is located.
(c)
The advertisement shall notify bidders the following listed
in paragraphs (1)-(6) of this subsection.
(1)
All bids must be in written form.
(2)
Bids are due at a specified time, place, and date.
(3)
Bidding may be conducted openly or with sealed bids.
(4)
The real property shall be conveyed by Special Warranty
Deed.
(5)
The deed shall reserve to the state a one-sixteenth
mineral interest free of the cost of production, unless:
(A)
the successful bidder is the Commission's original grantor
or donor; or
(B)
the Commission owns less than a one-sixteenth mineral
interest.
(6)
The Commission may reject any and all bids.
(d)
If the original grantor or donor is a governmental entity,
the Commission may convey to the original grantor or donor, at fair market
value based on an independent appraisal, the real property and any improvements.
If the original grantor or donor declines to purchase the real property and
improvements at fair market value based on an independent appraisal, the Commission
will initiate a bidding process.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April
13, 1999.
TRD-9902168
Jerry D. Malcolm
Executive Director
Texas Military Facilities Commission
Effective date: May 3, 1999
Proposal publication date: November 20, 1998
For further information, please call: (512) 406-6971
Chapter 379.
Administrative Rules