By: Zaffirini  S.B. No. 985
         (In the Senate - Filed March 1, 2013; March 12, 2013, read
  first time and referred to Committee on Intergovernmental
  Relations; April 2, 2013, reported favorably by the following
  vote:  Yeas 5, Nays 0; April 2, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to authorizing broker agreements for the sale of real
  property by certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 253, Local Government Code, is amended
  by adding Section 253.014 to read as follows:
         Sec. 253.014.  BROKER AGREEMENTS AND FEES FOR SALE OF REAL
  PROPERTY BY HOME-RULE MUNICIPALITY. (a)  In this section, "broker"
  means a person licensed as a broker under Chapter 1101, Occupations
  Code.
         (b)  The governing body of a home-rule municipality may
  contract with a broker to sell a tract of real property that is
  owned by the municipality.
         (c)  The governing body may pay a fee if a broker produces a
  ready, willing, and able buyer to purchase a tract of real property.
         (d)  If a contract is made under Subsection (b) with a broker
  to list the tract of real property for sale for at least 30 days with
  a multiple-listing service, the governing body on or after the 30th
  day after the date the property is listed may sell the tract of real
  property to a ready, willing, and able buyer who is produced by any
  broker using the multiple-listing service and who submits the
  highest cash offer.
         (e)  The governing body may sell a tract of real property
  under this section without complying with the public auction
  requirements prescribed by Section 253.008 or other law or the
  notice and bidding requirements prescribed by Section 272.001 or
  other law.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
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