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.
1-57 * * * * *