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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 sale of real property by the |
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Nueces County Hospital District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 281, Health and Safety |
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Code, is amended by adding Section 281.061 to read as follows: |
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Sec. 281.061. NUECES COUNTY HOSPITAL DISTRICT; BROKER |
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AGREEMENTS AND FEES FOR SALE OF REAL PROPERTY. (a) In this |
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section: |
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(1) "Broker" means a person licensed as a broker under |
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Chapter 1101, Occupations Code. |
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(2) "District" means the Nueces County Hospital |
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District. |
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(3) "Fair market value" means the price that a |
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property would bring in an arms-length transaction when offered for |
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sale by a person who wishes, but is not obliged, to sell the |
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property and when bought by a person who is under no necessity of |
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buying the property. The value shall be determined as if the |
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property were available for immediate possession and for use for |
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any reasonable purpose. |
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(b) Except as provided by Subsection (c), the Nueces County |
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Hospital District may contract with a broker to sell a tract of real |
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property that is owned by the district. |
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(c) The district may not contract with a broker who is |
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related within the third degree of consanguinity or affinity, as |
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determined under Chapter 573, Government Code, to: |
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(1) a member of the board of hospital managers of the |
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district; or |
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(2) a public official who serves on the Nueces County |
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Commissioners Court. |
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(d) The district may pay a fee if a broker produces a ready, |
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willing, and able buyer to purchase a tract of real property. |
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(e) If a contract made under Subsection (b) requires a |
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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 in which the real property is located, the district, on or |
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after the 30th day after the date the property is listed, may sell |
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the tract of real property to a ready, willing, and able buyer who |
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is produced by any broker with whom the district may contract under |
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Subsection (c) using the multiple-listing service and who submits |
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the most advantageous offer. |
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(f) The district must post a notice of intent to sell the |
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real property in a newspaper of general circulation, not less than |
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once, at least 30 days before the date the district accepts an offer |
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produced by a broker. |
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(g) The district may sell a tract of real property under |
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this section without complying with the requirements of Section |
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272.001, Local Government Code. |
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(h) The district may not sell a tract of real property under |
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this section for less than the fair market value of the tract of |
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real property, as determined by an independent appraisal prepared |
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by an appraiser certified under Chapter 1103, Occupations Code, and |
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obtained by the district in accordance with Subsection (j). |
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(i) The district may not sell a tract of real property under |
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this section to a buyer who: |
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(1) is related within the third degree of |
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consanguinity or affinity, as determined under Chapter 573, |
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Government Code, to: |
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(A) a member of the board of hospital managers of |
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the district; |
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(B) a public official who serves on the Nueces |
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County Commissioners Court; or |
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(C) the broker for the sale; or |
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(2) has a business or financial relationship with a |
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member of the board of hospital managers of the district or a public |
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official who serves on the Nueces County Commissioners Court that |
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could reasonably be expected to materially and adversely affect the |
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judgment of the member or public official. |
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(j) The district may not obtain an appraisal under |
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Subsection (h) from an appraiser who is related within the third |
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degree of consanguinity or affinity, as determined under Chapter |
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573, Government Code, to: |
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(1) a member of the board of hospital managers of the |
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district; or |
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(2) a public official who serves on the Nueces County |
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Commissioners Court. |
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SECTION 2. 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, 2023. |