By: Jackson S.B. No. 1896
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the sale of real property by counties.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 263.008, Local Government Code, is
1-4 amended to read as follows:
1-5 Sec. 263.008. REALTOR AGREEMENTS AND FEES FOR THE SALE OF
1-6 REAL PROPERTY. (a) In this section, "realtor" means a person
1-7 licensed under The Real Estate License Act (Article 6573a, Vernon's
1-8 Texas Civil Statutes).
1-9 (b) The commissioners court of a county may contract with a
1-10 realtor [person licensed under The Real Estate License Act (Article
1-11 6573a, Vernon's Texas Civil Statutes)] to sell a tract of real
1-12 property that is owned by the county.
1-13 (c) [(b)] The commissioners court of a county may pay a fee
1-14 if a realtor [person licensed under The Real Estate License Act
1-15 (Article 6573a, Vernon's Texas Civil Statutes)] produces a ready,
1-16 willing, and able buyer to purchase a tract of real property [that
1-17 is owned by the county].
1-18 (d) If a contract made under Subsection (b) requires a
1-19 realtor to list the tract of real property for sale with a
1-20 multiple-listing service used by other realtors in the county, the
1-21 commissioners court may sell the tract of real property to a ready,
1-22 willing, and able buyer produced by any realtor using the
1-23 multiple-listing service.
1-24 (e) The commissioners court may sell a tract of real
2-1 property under this section without complying with the requirements
2-2 for notice and bidding or conducting a public auction, including
2-3 the requirements prescribed by Sections 263.001 and 272.001.
2-4 SECTION 2. Subsection (a), Section 272.001, Local Government
2-5 Code, is amended to read as follows:
2-6 (a) Except for the types of land and interests covered by
2-7 Subsection (b), (g), (h), or (i), and except as provided by Section
2-8 253.008 or 263.008, before land owned by a political subdivision of
2-9 the state may be sold or exchanged for other land, notice to the
2-10 general public of the offer of the land for sale or exchange must
2-11 be published in a newspaper of general circulation in either the
2-12 county in which the land is located or, if there is no such
2-13 newspaper, in an adjoining county. The notice must include a
2-14 description of the land, including its location, and the procedure
2-15 by which sealed bids to purchase the land or offers to exchange the
2-16 land may be submitted. The notice must be published on two
2-17 separate dates and the sale or exchange may not be made until after
2-18 the 14th day after the date of the second publication.
2-19 SECTION 3. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended,
2-24 and that this Act take effect and be in force from and after its
2-25 passage, and it is so enacted.