Texas Government Code 1508.206 – Acquisition of Public Facility From Operator
(a) A municipality may acquire any portion of a public facility described by Section 1508.202, or an asset or right related to the facility, including broadcasting or similar rights, from a person or corporation that operates any portion of the facility on behalf of the municipality under an agreement, including a lease, use, purchase, concession, or operating agreement, if:
(1) the governing body of the municipality determines that the facility could be better and more efficiently operated directly by the municipality or through another method; and
(2) the person or corporation consents to the acquisition.
(b) The method used by the municipality to operate the facility may include the use of an operating board appointed by the governing body, with the board’s powers granted by ordinance or another method.
Terms Used In Texas Government Code 1508.206
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) A facility, asset, or right acquired under this section may be used or sold by the municipality. In conjunction with the use or sale, the municipality may promote or advertise:
(1) the municipality;
(2) the facility; or
(3) an event conducted in or in connection with the facility.