SRC-AXB S.B. 1896 76(R)BILL ANALYSIS Senate Research CenterS.B. 1896 By: Jackson Intergovernmental Relations 7/9/1999 Enrolled DIGEST Currently, a county is allowed to sell its surplus real property by contracting for a realtor's services, but regulations are unclear about the ability to avoid the competitive bid statute through taking such action as an alternative to a public auction. Selling surplus property through the action process is sometimes inefficient in comparison with a simple realtor contract sale. S.B. 1896 allows the commissioners court of a county to contract with real estate brokers to sell real property and avoid the required auction process for selling real property. PURPOSE As enrolled, S.B. 1896 allows the commissioners court of a county to contract with real estate brokers to sell real property and avoid the required auction process for selling real property. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 263.008, Local Government Code, as follows: Sec. 263.008. New heading: REAL ESTATE BROKER AGREEMENTS AND FEES FOR THE SALE OF REAL PROPERTY. Defines "real estate broker." Authorizes the commissioners court ot contract with a real estate broker, rather than another person. Authorizes the commissioners court of a county to pay a fee if a real estate broker produces a ready, willing, and able buyer to purchase a tract of real property. Sets forth provisions for the case of a required listing timeline for a contract. Authorizes the commissioners court to sell a tract of real property under this section without complying with the requirements for conducting a public auction, including the requirements prescribed by Section 263.001, Local Government Code. Deletes text regarding property owned by the county. Makes conforming changes. SECTION 2. Emergency clause. Effective date: upon passage.