Title LG, Local Government Code

Sec. 379H.005. PURPOSE. A land bank created under this chapter exists for the purpose of acquiring, managing, and disposing of vacant, abandoned, deteriorated, non-revenue generating, and non-tax producing properties and converting those properties to productive uses. For purpose…

Sec. 379H.006. CONSTRUCTION. This chapter shall be construed liberally to carry out the intended purposes as a complete and independent authorization for the performance of each and every act and thing authorized by this chapter, and all powers granted shall be broadly interprete…

Sec. 379H.051. COMPOSITION OF BOARD. The size, membership, composition, and officers of the board of directors of a land bank, and methods of appointment to the board, must be established by the certificate of formation and the bylaws of the land bank. Added by Acts 2021, 87th Le…

Sec. 379H.052. ELIGIBILITY FOR MEMBERSHIP. (a) In this section, "public officer" means an individual who is elected to a municipal office. (b) A municipal employee is eligible to serve as a member of the board, and notwithstanding any law to the contrary, a public officer is elig…

Sec. 379H.053. MEETINGS; ATTENDANCE. (a) The board shall meet in regular session according to a schedule adopted by the board. (b) The board may meet in a special session: (1) convened by the president of the board in accordance with the bylaws of the board; or (2) on written not…

Sec. 379H.054. BOARD ACTIONS. (a) Subject to Subsection (b), actions of the board must be approved by the affirmative vote of a quorum of the board. (b) Action on the following matters requires approval by a majority of the total membership of the board: (1) adoption of bylaws or…

Sec. 379H.055. CONFLICT OF INTEREST. (a) A board member or employee of a land bank, or a relative of a member or employee within the first degree of consanguinity or affinity, as determined by Chapter 573, Government Code, may not: (1) acquire any direct or indirect interest in r…

Sec. 379H.056. COMPENSATION; REIMBURSEMENT. (a) Board members serve without compensation. (b) The board may reimburse a member for expenses actually incurred in the performance of duties on behalf of the land bank. Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1,…

Sec. 379H.101. CREATION OF LAND BANK. (a) The governing body of a municipality may create a land bank by the adoption of an ordinance approving the land bank's certificate of formation and bylaws. (b) Approval by the governing body of a municipality of the certificate of formatio…

Sec. 379H.102. GENERAL POWERS OF LAND BANK. (a) A land bank has all powers necessary to carry out the purposes of this chapter, including the power to: (1) adopt, amend, and repeal bylaws for the regulation of the land bank's affairs and the conduct of the land bank's business; (…

Sec. 379H.103. RESOLUTION OF COMPLEX TITLE QUESTIONS. A land bank may provide assistance and guidance to owners of real property for which there are complex, highly divided fractional interests in the real property because of multigenerational intestate distributions, unknown hei…

Sec. 379H.104. INTERLOCAL CONTRACTS. (a) A land bank may enter into an interlocal contract under Section 791.011, Government Code, with: (1) a municipality for a program created by the municipality under Chapter 373 or 374; or (2) a non-qualifying municipality for the purpose of …

Sec. 379H.105. RECORDS AND REPORTS. (a) A land bank shall keep accurate minutes of the land bank's meetings and shall keep accurate records and books of account that conform with generally accepted principles of accounting and that clearly reflect the income and expenses of the l…

Sec. 379H.106. STAFF. (a) A land bank may employ an executive director, counsel and legal staff, technical experts, and other agents and employees, permanent or temporary, that the land bank may require and may determine the qualifications and set the compensation and benefits of…

Sec. 379H.107. ADVISORY COMMITTEE AND NEIGHBORHOOD CONSULTATION. (a) A land bank shall create one or more advisory committees to consult with and advise the land bank on: (1) properties within the municipality served by the land bank that are imposing the greatest harm on neighbo…

Sec. 379H.108. DISSOLUTION OF LAND BANK. (a) A land bank may be dissolved not earlier than the 60th day after the date an affirmative resolution to dissolve the land bank is approved by two-thirds of the membership of the board and confirmed by resolution of the municipality that…

Sec. 379H.151. TAX EXEMPT STATUS OF LAND BANK PROPERTY. The real property of a land bank, including real property held by a land bank under a long-term lease contract with a community land trust, and the land bank's income and operations are exempt as public property used for pub…

Sec. 379H.152. TITLE HELD BY LAND BANK. All real property acquired by a land bank must be held in the name of the land bank. Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, eff. September 1, 2021.

Sec. 379H.153. QUIET TITLE ACTIONS. (a) A land bank may file an action to quiet title as to any real property in which the land bank has an interest. For purposes of a quiet title action, the land bank is considered to be the holder of sufficient legal and equitable interests and…

Sec. 379H.154. ACQUISITION OF PROPERTY GENERALLY. (a) A land bank may acquire real property by gift, devise, transfer, exchange, foreclosure, purchase, purchase contracts, lease purchase agreements, installment sales contracts, land contracts, or transfers from a municipality on …

Sec. 379H.155. ACQUISITION OF FORECLOSED OR SEIZED PROPERTY. (a) In this section, "taxing unit" has the meaning assigned by Section 1.04, Tax Code. (b) A land bank may submit a written bid to acquire real property at a tax sale conducted in accordance with Section 34.01, Tax Code…

Sec. 379H.156. REDEMPTION BY OWNER OF FORECLOSED PROPERTY. (a) The owner of real property sold to a land bank under Section 379H.155 may redeem the property in the manner prescribed for owners of real property sold at a tax sale to a purchaser other than a taxing unit under Secti…

Sec. 379H.157. DISPOSITION OF PROPERTY GENERALLY. (a) A land bank may convey, exchange, sell, transfer, lease as lessor, grant, release and demise, pledge, or hypothecate any interest in, on, or to real property of the land bank. (b) For real property that a land bank holds fee s…

Sec. 379H.158. DISPOSITION OF PROPERTY FOR FLOOD CONTROL AND STORM WATER DRAINAGE AND PLANNING. (a) A land bank may convey to a public entity such as a flood control district or a municipal parks and recreation department real property held by the land bank: (1) for which the hig…

Sec. 379H.159. AFFORDABLE HOUSING POLICY. The board of a land bank may adopt a policy requiring that a percentage, as determined by the board based on local needs and available land bank inventory, of residential units constructed on residential real property conveyed by the land…

Sec. 379H.201. GENERAL FINANCING. (a) A land bank may receive funding through grants and loans from the municipality that created the land bank, other municipalities, this state, the federal government, and other public or private sources. (b) A land bank may receive and retain p…

Sec. 379H.202. SALE OF LAND BANK PROPERTY. At the time a land bank sells or otherwise disposes of real property, the proceeds from the sale, if any, shall be allocated to operations and expenses of the land bank. Added by Acts 2021, 87th Leg., R.S., Ch. 780 (S.B. 1679), Sec. 1, e…

Sec. 379H.203. COLLECTION OF TAXES ON PROPERTY CONVEYED BY LAND BANK. Not more than 75 percent of the real property taxes the municipality that created the land bank collected on real property, excluding any school district or county ad valorem tax, conveyed by a land bank under …