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.