BILL ANALYSIS Senate Research Center H.B. 1288 85R3088 DMS-F By: Rose (West) Administration 5/5/2017 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Relating to broker agreements for the leasing of real property owned by a county. Chapter 263, Local Government Code, governs the sale or lease of property by counties. While counties may currently use a third party (real estate broker) to sell property, they cannot use a third party to lease property. Interested parties believe that counties would benefit from access to a licensed professional who could list a property for lease through the multiple-listing service and use their network of contacts to better advertise a property than the county could through its own website and available advertising venues. Accordingly, this legislation gives counties the authority to use a broker to lease property. H.B. 1288 amends current law relating to broker agreements for the leasing of real property owned by a county. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 263.008(b), (c), (d), and (e), Local Government Code, as follows: (b) Authorizes the commissioners court of a county to contract with a broker to sell or lease, rather than to sell, a tract of real property that is owned by the county. (c) Authorizes the commissioners court of a county to pay a fee if a broker produces a ready, willing, and able buyer or lessee, rather than buyer, to purchase or lease a tract of real property. (d) and (e) Makes conforming changes. SECTION 2. Effective date: upon passage or September 1, 2017.
BILL ANALYSIS
Senate Research Center H.B. 1288
85R3088 DMS-F By: Rose (West)
Administration
5/5/2017
Engrossed
Senate Research Center
H.B. 1288
85R3088 DMS-F
By: Rose (West)
Administration
5/5/2017
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Relating to broker agreements for the leasing of real property owned by a county.
Chapter 263, Local Government Code, governs the sale or lease of property by counties. While counties may currently use a third party (real estate broker) to sell property, they cannot use a third party to lease property.
Interested parties believe that counties would benefit from access to a licensed professional who could list a property for lease through the multiple-listing service and use their network of contacts to better advertise a property than the county could through its own website and available advertising venues.
Accordingly, this legislation gives counties the authority to use a broker to lease property.
H.B. 1288 amends current law relating to broker agreements for the leasing of real property owned by a county.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 263.008(b), (c), (d), and (e), Local Government Code, as follows:
(b) Authorizes the commissioners court of a county to contract with a broker to sell or lease, rather than to sell, a tract of real property that is owned by the county.
(c) Authorizes the commissioners court of a county to pay a fee if a broker produces a ready, willing, and able buyer or lessee, rather than buyer, to purchase or lease a tract of real property.
(d) and (e) Makes conforming changes.
SECTION 2. Effective date: upon passage or September 1, 2017.