76R10509 PAM-F                           
         By Gray                                               H.B. No. 2823
         Substitute the following for H.B. No. 2823:
         By Turner of Coleman                              C.S.H.B. No. 2823
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the sale of real property by counties.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 263.008, Local Government Code, is
 1-5     amended to read as follows:
 1-6           Sec. 263.008.  REAL ESTATE BROKER [REALTOR] AGREEMENTS AND
 1-7     FEES FOR THE SALE OF REAL PROPERTY.  (a)  In this section, "real
 1-8     estate broker" means a person licensed as a real estate broker
 1-9     under The Real Estate License Act (Article 6573a, Vernon's Texas
1-10     Civil Statutes).
1-11           (b)  The commissioners court of a county may contract with a
1-12     real estate broker [person licensed under The Real Estate License
1-13     Act (Article 6573a, Vernon's Texas Civil Statutes)] to sell a tract
1-14     of real property that is owned by the county.
1-15           (c) [(b)]  The commissioners court of a county may pay a fee
1-16     if a real estate broker [person licensed under The Real Estate
1-17     License Act (Article 6573a, Vernon's Texas Civil Statutes)]
1-18     produces a ready, willing, and able buyer to purchase a tract of
1-19     real property [that is owned by the county].
1-20           (d)  If a contract made under Subsection (b) requires a real
1-21     estate broker to list the tract of real property for sale for at
1-22     least 30 days with a multiple-listing service used by other real
1-23     estate brokers in the county, the commissioners court on or after
1-24     the 30th day after the date the property is listed may sell the
 2-1     tract of real property to a ready, willing, and able buyer who is
 2-2     produced by any real estate broker using the multiple-listing
 2-3     service and who submits the highest cash offer.
 2-4           (e)  The commissioners court may sell a tract of real
 2-5     property under this section without complying with the requirements
 2-6     for conducting a public auction, including the requirements
 2-7     prescribed by Section 263.001.
 2-8           SECTION 2.  The importance of this legislation and the
 2-9     crowded condition of the calendars in both houses create an
2-10     emergency and an imperative public necessity that the
2-11     constitutional rule requiring bills to be read on three several
2-12     days in each house be suspended, and this rule is hereby suspended,
2-13     and that this Act take effect and be in force from and after its
2-14     passage, and it is so enacted.