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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