Texas 2023 - 88th Regular

Texas House Bill HB4844 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 4844
2	2
3	3
4	4	AN ACT
5	5	relating to the use of a broker for the sale of real property by the
6	6	Nueces County Hospital District.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter C, Chapter 281, Health and Safety
9	9	Code, is amended by adding Section 281.061 to read as follows:
10	10	Sec. 281.061. NUECES COUNTY HOSPITAL DISTRICT; BROKER
11	11	AGREEMENTS AND FEES FOR SALE OF REAL PROPERTY. (a) In this
12	12	section:
13	13	(1) "Broker" means a person licensed as a broker under
14	14	Chapter 1101, Occupations Code.
15	15	(2) "District" means the Nueces County Hospital
16	16	District.
17	17	(3) "Fair market value" means the price that a
18	18	property would bring in an arms-length transaction when offered for
19	19	sale by a person who wishes, but is not obliged, to sell the
20	20	property and when bought by a person who is under no necessity of
21	21	buying the property. The value shall be determined as if the
22	22	property were available for immediate possession and for use for
23	23	any reasonable purpose.
24	24	(b) Except as provided by Subsection (c), the Nueces County
25	25	Hospital District may contract with a broker to sell a tract of real
26	26	property that is owned by the district.
27	27	(c) The district may not contract with a broker who is
28	28	related within the third degree of consanguinity or affinity, as
29	29	determined under Chapter 573, Government Code, to:
30	30	(1) a member of the board of hospital managers of the
31	31	district; or
32	32	(2) a public official who serves on the Nueces County
33	33	Commissioners Court.
34	34	(d) The district may pay a fee if a broker produces a ready,
35	35	willing, and able buyer to purchase a tract of real property.
36	36	(e) If a contract made under Subsection (b) requires a
37	37	broker to list the tract of real property for sale for at least 30
38	38	days with a multiple-listing service used by other brokers in the
39	39	county in which the real property is located, the district, on or
40	40	after the 30th day after the date the property is listed, may sell
41	41	the tract of real property to a ready, willing, and able buyer who
42	42	is produced by any broker with whom the district may contract under
43	43	Subsection (c) using the multiple-listing service and who submits
44	44	the most advantageous offer.
45	45	(f) The district must post a notice of intent to sell the
46	46	real property in a newspaper of general circulation, not less than
47	47	once, at least 30 days before the date the district accepts an offer
48	48	produced by a broker.
49	49	(g) The district may sell a tract of real property under
50	50	this section without complying with the requirements of Section
51	51	272.001, Local Government Code.
52	52	(h) The district may not sell a tract of real property under
53	53	this section for less than the fair market value of the tract of
54	54	real property, as determined by an independent appraisal prepared
55	55	by an appraiser certified under Chapter 1103, Occupations Code, and
56	56	obtained by the district in accordance with Subsection (j).
57	57	(i) The district may not sell a tract of real property under
58	58	this section to a buyer who:
59	59	(1) is related within the third degree of
60	60	consanguinity or affinity, as determined under Chapter 573,
61	61	Government Code, to:
62	62	(A) a member of the board of hospital managers of
63	63	the district;
64	64	(B) a public official who serves on the Nueces
65	65	County Commissioners Court; or
66	66	(C) the broker for the sale; or
67	67	(2) has a business or financial relationship with a
68	68	member of the board of hospital managers of the district or a public
69	69	official who serves on the Nueces County Commissioners Court that
70	70	could reasonably be expected to materially and adversely affect the
71	71	judgment of the member or public official.
72	72	(j) The district may not obtain an appraisal under
73	73	Subsection (h) from an appraiser who is related within the third
74	74	degree of consanguinity or affinity, as determined under Chapter
75	75	573, Government Code, to:
76	76	(1) a member of the board of hospital managers of the
77	77	district; or
78	78	(2) a public official who serves on the Nueces County
79	79	Commissioners Court.
80	80	SECTION 2. This Act takes effect immediately if it receives
81	81	a vote of two-thirds of all the members elected to each house, as
82	82	provided by Section 39, Article III, Texas Constitution. If this
83	83	Act does not receive the vote necessary for immediate effect, this
84	84	Act takes effect September 1, 2023.
85	85	______________________________ ______________________________
86	86	President of the Senate Speaker of the House
87	87	I certify that H.B. No. 4844 was passed by the House on April
88	88	28, 2023, by the following vote: Yeas 139, Nays 2, 3 present, not
89	89	voting.
90	90	______________________________
91	91	Chief Clerk of the House
92	92	I certify that H.B. No. 4844 was passed by the Senate on May
93	93	19, 2023, by the following vote: Yeas 31, Nays 0.
94	94	______________________________
95	95	Secretary of the Senate
96	96	APPROVED: _____________________
97	97	Date
98	98	_____________________
99	99	Governor