1-1     By:  Jackson                                          S.B. No. 1896
 1-2           (In the Senate - Filed April 29, 1999; April 30, 1999, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; May 6, 1999, reported favorably by the following vote:
 1-5     Yeas 4, Nays 0; May 6, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the sale of real property by counties.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 263.008, Local Government Code, is
1-11     amended to read as follows:
1-12           Sec. 263.008.  REALTOR AGREEMENTS AND FEES FOR THE SALE OF
1-13     REAL PROPERTY.  (a)  In this section, "realtor" means a person
1-14     licensed under The Real Estate License Act (Article 6573a, Vernon's
1-15     Texas Civil Statutes).
1-16           (b)  The commissioners court of a county may contract with a
1-17     realtor [person licensed under The Real Estate License Act (Article
1-18     6573a, Vernon's Texas Civil Statutes)] to sell a tract of real
1-19     property that is owned by the county.
1-20           (c) [(b)]  The commissioners court of a county may pay a fee
1-21     if a realtor [person licensed under The Real Estate License Act
1-22     (Article 6573a, Vernon's Texas Civil Statutes)] produces a ready,
1-23     willing, and able buyer to purchase a tract of real property [that
1-24     is owned by the county].
1-25           (d)  If a contract made under Subsection (b) requires a
1-26     realtor to list the tract of real property for sale with a
1-27     multiple-listing service used by other realtors in the county, the
1-28     commissioners court may sell the tract of real property to a ready,
1-29     willing, and able buyer produced by any realtor using the
1-30     multiple-listing service.
1-31           (e)  The commissioners court may sell a tract of real
1-32     property under this section without complying with the requirements
1-33     for notice and bidding or conducting a public auction, including
1-34     the requirements prescribed by Sections 263.001 and 272.001.
1-35           SECTION 2.  Subsection (a), Section 272.001, Local Government
1-36     Code, is amended to read as follows:
1-37           (a)  Except for the types of land and interests covered by
1-38     Subsection (b), (g), (h), or (i), and except as provided by Section
1-39     253.008 or 263.008, before land owned by a political subdivision of
1-40     the state may be sold or exchanged for other land, notice to the
1-41     general public of the offer of the land for sale or exchange must
1-42     be published in a newspaper of general circulation in either the
1-43     county in which the land is located or, if there is no such
1-44     newspaper, in an adjoining county.  The notice must include a
1-45     description of the land, including its location, and the procedure
1-46     by which sealed bids to purchase the land or offers to exchange the
1-47     land may be submitted.  The notice must be published on two
1-48     separate dates and the sale or exchange may not be made until after
1-49     the 14th day after the date of the second publication.
1-50           SECTION 3.  The importance of this legislation and the
1-51     crowded condition of the calendars in both houses create an
1-52     emergency and an imperative public necessity that the
1-53     constitutional rule requiring bills to be read on three several
1-54     days in each house be suspended, and this rule is hereby suspended,
1-55     and that this Act take effect and be in force from and after its
1-56     passage, and it is so enacted.
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