By: Workman (Senate Sponsor - Campbell) H.B. No. 2762
(In the Senate - Received from the House May 5, 2017;
May 8, 2017, read first time and referred to Committee on
Intergovernmental Relations; May 18, 2017, reported favorably by
the following vote: Yeas 5, Nays 1; May 18, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to broker agreements for the sale of certain surplus
property by a county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 263, Local Government
Code, is amended by adding Section 263.1545 to read as follows:
Sec. 263.1545. BROKER AGREEMENTS FOR THE SALE OF CERTAIN
SURPLUS PROPERTY. (a) This section applies only to surplus
property that:
(1) is owned by a county;
(2) uses a high level of technology;
(3) was used or will be used in connection with or for
a highly specialized program; and
(4) was purchased by the county for more than
$250,000.
(b) The commissioners court of a county may enter into a
broker agreement to sell surplus property described by Subsection
(a) with a broker who has the expertise necessary to negotiate the
sale of the surplus property. The commissioners court may pay a fee
to the broker if the broker produces a ready, willing, and able
buyer to purchase the surplus property.
(c) The commissioners court of a county may 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.
(d) Notwithstanding any other law, the commissioners court
of a county may sell surplus property under this section without
complying with the requirements for conducting a public auction,
bidding, or trade-in under other law, including the requirements
under Sections 263.152 and 263.153.
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, 2017.
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