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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of a broker for the exchange of land by a |
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political subdivision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 272.001(a), Local Government Code, is |
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amended to read as follows: |
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(a) Except for the types of land and interests covered by |
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Subsection (b), (g), (h), (i), (j), or (l), and except as provided |
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by Section 253.008 or 272.007, before land owned by a political |
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subdivision of the state may be sold or exchanged for other land, |
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notice to the general public of the offer of the land for sale or |
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exchange must be published in a newspaper of general circulation in |
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either the county in which the land is located or, if there is no |
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such newspaper, in an adjoining county. The notice must include a |
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description of the land, including its location, and the procedure |
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by which sealed bids to purchase the land or offers to exchange the |
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land may be submitted. The notice must be published on two |
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separate dates and the sale or exchange may not be made until after |
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the 14th day after the date of the second publication. |
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SECTION 2. Chapter 272, Local Government Code, is amended |
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by adding Section 272.007 to read as follows: |
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Sec. 272.007. BROKER AGREEMENTS AND FEES FOR SALE OF REAL |
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PROPERTY. (a) In this section, "broker" means a person licensed as |
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a broker under Chapter 1101, Occupations Code. |
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(b) A political subdivision may contract with a broker to |
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lease or sell a tract of real property that is owned by the |
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political subdivision. |
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(c) The governing body of a home-rule municipality may |
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contract with a broker to sell a tract of real property that the |
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municipality holds in trust and has the authority to sell. |
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(d) The political subdivision may pay a fee if a broker |
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produces a ready, willing, and able buyer to purchase a tract of |
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real property. |
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(e) If a contract made under Subsection (b) or (c) requires |
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a broker to list the tract of real property for sale for at least 30 |
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days with a multiple-listing service used by other brokers in the |
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county, the political subdivision on or after the 30th day after the |
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date the property is listed may sell the tract of real property to a |
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ready, willing, and able buyer who is produced by any broker using |
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the multiple-listing service and who submits the most advantageous |
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offer. |
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(f) The political subdivision must post a notice of intent |
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to sell the real property in a newspaper of general circulation, not |
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less than once, at least fourteen days before the date the political |
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subdivision accepts an offer produced by a broker. |
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(g) The political subdivision may sell a tract of real |
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property under this section without complying with the requirements |
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of Section 253.008, 263.001, or 272.001. |
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SECTION 3. Sections 253.014 and 263.008, Local Government |
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Code, are repealed. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |