BILL ANALYSIS

H.B. 2762

By: Workman

County Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that the current disposition options afforded to counties for certain surplus property do not always maximize the return on a county’s investment for such property. H.B. 2762 seeks to provide for an increased return on those investments by authorizing counties to employ the services of a broker to sell certain surplus property.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2762 amends the Local Government Code to authorize the commissioners court of a county to enter into a broker agreement to sell certain surplus property with a broker who has the expertise necessary to negotiate the sale of the surplus property. The bill specifies such surplus property as surplus property that is owned by the county, uses a high level of technology, was used or will be used in connection with or for a highly specialized program, and was purchased by the county for more than $250,000. The bill authorizes the commissioners court to pay a fee to the broker if the broker produces a ready, willing, and able buyer to purchase the surplus property. The bill authorizes the commissioners court to sell the surplus property to the ready, willing, and able buyer who submits the highest cash offer and is produced by the broker in accordance with the broker agreement. The bill authorizes the commissioners court to sell surplus property under the bill's provisions without complying with the requirements for conducting a public auction, bidding, or trade-in under other law.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.