By: Herrero (Senate Sponsor - Hinojosa) H.B. No. 4844
(In the Senate - Received from the House May 1, 2023;
May 1, 2023, read first time and referred to Committee on Local
Government; May 17, 2023, reported favorably by the following
vote: Yeas 9, Nays 0; May 17, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the use of a broker for the sale of real property by the
Nueces County Hospital District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 281, Health and Safety
Code, is amended by adding Section 281.061 to read as follows:
Sec. 281.061. NUECES COUNTY HOSPITAL DISTRICT; BROKER
AGREEMENTS AND FEES FOR SALE OF REAL PROPERTY. (a) In this
section:
(1) "Broker" means a person licensed as a broker under
Chapter 1101, Occupations Code.
(2) "District" means the Nueces County Hospital
District.
(3) "Fair market value" means the price that a
property would bring in an arms-length transaction when offered for
sale by a person who wishes, but is not obliged, to sell the
property and when bought by a person who is under no necessity of
buying the property. The value shall be determined as if the
property were available for immediate possession and for use for
any reasonable purpose.
(b) Except as provided by Subsection (c), the Nueces County
Hospital District may contract with a broker to sell a tract of real
property that is owned by the district.
(c) The district may not contract with a broker who is
related within the third degree of consanguinity or affinity, as
determined under Chapter 573, Government Code, to:
(1) a member of the board of hospital managers of the
district; or
(2) a public official who serves on the Nueces County
Commissioners Court.
(d) The district 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) 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 in which the real property is located, the district, 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 with whom the district may contract under
Subsection (c) using the multiple-listing service and who submits
the most advantageous offer.
(f) The district must post a notice of intent to sell the
real property in a newspaper of general circulation, not less than
once, at least 30 days before the date the district accepts an offer
produced by a broker.
(g) The district may sell a tract of real property under
this section without complying with the requirements of Section
272.001, Local Government Code.
(h) The district may not sell a tract of real property under
this section for less than the fair market value of the tract of
real property, as determined by an independent appraisal prepared
by an appraiser certified under Chapter 1103, Occupations Code, and
obtained by the district in accordance with Subsection (j).
(i) The district may not sell a tract of real property under
this section to a buyer who:
(1) is related within the third degree of
consanguinity or affinity, as determined under Chapter 573,
Government Code, to:
(A) a member of the board of hospital managers of
the district;
(B) a public official who serves on the Nueces
County Commissioners Court; or
(C) the broker for the sale; or
(2) has a business or financial relationship with a
member of the board of hospital managers of the district or a public
official who serves on the Nueces County Commissioners Court that
could reasonably be expected to materially and adversely affect the
judgment of the member or public official.
(j) The district may not obtain an appraisal under
Subsection (h) from an appraiser who is related within the third
degree of consanguinity or affinity, as determined under Chapter
573, Government Code, to:
(1) a member of the board of hospital managers of the
district; or
(2) a public official who serves on the Nueces County
Commissioners Court.
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, 2023.
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