HBA-EVB, NIK S.B. 0 76(R)    


BILL ANALYSIS


Office of House Bill AnalysisS.B. 1896
By: Jackson
Land & Resource Management
5/19/1999
Engrossed



BACKGROUND AND PURPOSE 

Under current law, the provisions allowing a county to engage the services
of a real estate broker may be ambiguous as to whether or not the county
can avoid the competitive bid statute by using the services of the real
estate broker.  The use of such a process might be an alternative to a
public auction.  S.B. 1896 authorizes the commissioners court of a county
(commissioners court) to contract with a real estate broker, rather than a
person licensed under Article 6573a, V.T.C.S. (Real Estate License Act),
to sell a tract of real property that is owned by the county.  S.B. 1896
authorizes the commissioners court to sell the tract of real property to a
ready, willing, and able buyer produced by any realtor using the
multiple-listing service, if a contract requires a realtor to list the
tract of real property for sale with a multiple-listing service used by
other realtors in the county.  In addition, this bill authorizes the
commissioners court to sell a tract of real property under this section
without complying with the requirements for conducting a public auction. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 263.008, Local Government Code, to define
"realtor." Authorizes the commissioners court of a county to contract with
a realtor, rather than a person licensed under Article 6573a, V.T.C.S.
(Real Estate License Act), to sell a tract of real property that is owned
by the county. Authorizes the commissioners court to sell the tract of real
property to a ready, willing, and able buyer produced by any realtor using
a multiple-listing service if a contract made under this section requires a
realtor to list the tract of the real property for sale with a
multiple-listing service used by other realtors in the county. Authorizes
the commissioners court to sell a tract of real property without complying
with the requirements for notice and bidding or conducting a public
auction, including the requirements prescribed by Sections 263.001 (Sale or
Lease of Real Property) and 272.001 (Notice of Sale or Exchange of Land by
Political Subdivision; Exceptions), Local Government Code.  Makes
conforming changes. 

SECTION 2. Amends Section 272.001(a), Local Government Code, to include
Section 263.008 as an exception to a requirement regarding the publishing
of public notice, before land owned by a political subdivision is
authorized to be sold or exchanged for other land. 

SECTION 3.  Emergency clause.
Effective date: upon passage.