| 1 | 1 | | 88R8300 MPF-F |
|---|
| 2 | 2 | | By: Hinojosa S.B. No. 2056 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the use of a broker for the sale of real property by the |
|---|
| 8 | 8 | | Nueces County Hospital District. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter C, Chapter 281, Health and Safety |
|---|
| 11 | 11 | | Code, is amended by adding Section 281.061 to read as follows: |
|---|
| 12 | 12 | | Sec. 281.061. NUECES COUNTY HOSPITAL DISTRICT; BROKER |
|---|
| 13 | 13 | | AGREEMENTS AND FEES FOR SALE OF REAL PROPERTY. (a) In this |
|---|
| 14 | 14 | | section: |
|---|
| 15 | 15 | | (1) "Broker" means a person licensed as a broker under |
|---|
| 16 | 16 | | Chapter 1101, Occupations Code. |
|---|
| 17 | 17 | | (2) "District" means the Nueces County Hospital |
|---|
| 18 | 18 | | District. |
|---|
| 19 | 19 | | (b) Except as provided by Subsection (c), the Nueces County |
|---|
| 20 | 20 | | Hospital District may contract with a broker to sell a tract of real |
|---|
| 21 | 21 | | property that is owned by the district. |
|---|
| 22 | 22 | | (c) The district may not contract with a broker who is |
|---|
| 23 | 23 | | related within the third degree of consanguinity, as determined |
|---|
| 24 | 24 | | under Chapter 573, Government Code, to: |
|---|
| 25 | 25 | | (1) a member of the board of hospital managers of the |
|---|
| 26 | 26 | | district; or |
|---|
| 27 | 27 | | (2) a public official who serves on the Nueces County |
|---|
| 28 | 28 | | Commissioners Court. |
|---|
| 29 | 29 | | (d) The district may pay a fee if a broker produces a ready, |
|---|
| 30 | 30 | | willing, and able buyer to purchase a tract of real property. |
|---|
| 31 | 31 | | (e) If a contract made under Subsection (b) requires a |
|---|
| 32 | 32 | | broker to list the tract of real property for sale for at least 30 |
|---|
| 33 | 33 | | days with a multiple-listing service used by other brokers in the |
|---|
| 34 | 34 | | county in which the real property is located, the district, on or |
|---|
| 35 | 35 | | after the 30th day after the date the property is listed, may sell |
|---|
| 36 | 36 | | the tract of real property to a ready, willing, and able buyer who |
|---|
| 37 | 37 | | is produced by any broker, including a broker described by |
|---|
| 38 | 38 | | Subsection (c), using the multiple-listing service and who submits |
|---|
| 39 | 39 | | the most advantageous offer. |
|---|
| 40 | 40 | | (f) The district must post a notice of intent to sell the |
|---|
| 41 | 41 | | real property in a newspaper of general circulation, not less than |
|---|
| 42 | 42 | | once, at least 14 days before the date the district accepts an offer |
|---|
| 43 | 43 | | produced by a broker. |
|---|
| 44 | 44 | | (g) The district may sell a tract of real property under |
|---|
| 45 | 45 | | this section without complying with the requirements of Section |
|---|
| 46 | 46 | | 272.001, Local Government Code. |
|---|
| 47 | 47 | | (h) The district may not sell a tract of real property under |
|---|
| 48 | 48 | | this section for less than the fair market value of the tract of |
|---|
| 49 | 49 | | real property, as determined by an appraisal obtained by the |
|---|
| 50 | 50 | | district. |
|---|
| 51 | 51 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 55 | 55 | | Act takes effect September 1, 2023. |
|---|