Bill Text: TX HB3178 | 2017-2018 | 85th Legislature | Introduced

Texas House Bill 3178 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to the use of a broker for the sale or lease of real property by the Dallas County Hospital District.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-06-15 - Effective immediately [HB3178 Detail]

Download: Texas-2017-HB3178-Introduced.html

	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.