85R8208 DMS-F
By: Anchia H.B. No. 3178
A BILL TO BE ENTITLED
AN ACT
relating to the use of a broker for the exchange of land by a
political subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 272.001(a), Local Government Code, is
amended to read as follows:
(a) Except for the types of land and interests covered by
Subsection (b), (g), (h), (i), (j), or (l), and except as provided
by Section 253.008 or 272.007, before land owned by a political
subdivision of the state may be sold or exchanged for other land,
notice to the general public of the offer of the land for sale or
exchange must be published in a newspaper of general circulation in
either the county in which the land is located or, if there is no
such newspaper, in an adjoining county. The notice must include a
description of the land, including its location, and the procedure
by which sealed bids to purchase the land or offers to exchange the
land may be submitted. The notice must be published on two
separate dates and the sale or exchange may not be made until after
the 14th day after the date of the second publication.
SECTION 2. Chapter 272, Local Government Code, is amended
by adding Section 272.007 to read as follows:
Sec. 272.007. BROKER AGREEMENTS AND FEES FOR SALE OF REAL
PROPERTY. (a) In this section, "broker" means a person licensed as
a broker under Chapter 1101, Occupations Code.
(b) A political subdivision may contract with a broker to
lease or sell a tract of real property that is owned by the
political subdivision.
(c) The governing body of a home-rule municipality may
contract with a broker to sell a tract of real property that the
municipality holds in trust and has the authority to sell.
(d) The political subdivision may pay a fee if a broker
produces a ready, willing, and able buyer to purchase a tract of
real property.
(e) If a contract made under Subsection (b) or (c) requires
a broker to list the tract of real property for sale for at least 30
days with a multiple-listing service used by other brokers in the
county, the political subdivision 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 most advantageous
offer.
(f) The political subdivision must post a notice of intent
to sell the real property in a newspaper of general circulation, not
less than once, at least fourteen days before the date the political
subdivision accepts an offer produced by a broker.
(g) The political subdivision may sell a tract of real
property under this section without complying with the requirements
of Section 253.008, 263.001, or 272.001.
SECTION 3. Sections 253.014 and 263.008, Local Government
Code, are repealed.
SECTION 4. 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.