Bill Text: TX HB3178 | 2017-2018 | 85th Legislature | Engrossed
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-Engrossed.html
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-Engrossed.html
85R24316 PAM-F | ||
By: Anchia | H.B. No. 3178 |
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relating to the use of a broker for the exchange of land by certain | ||
political subdivisions. | ||
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 BY CERTAIN POLITICAL SUBDIVISIONS. (a) In this section, | ||
"broker" means a person licensed as a broker under Chapter 1101, | ||
Occupations Code. | ||
(b) A political subdivision, other than a home-rule | ||
municipality or a county, may contract with a broker to lease or | ||
sell a tract of real property that is owned by the political | ||
subdivision. | ||
(c) The political subdivision may pay a fee if a broker | ||
produces a ready, willing, and able buyer to purchase a tract of | ||
real property. | ||
(d) 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, 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. | ||
(e) 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 14 days before the date the political | ||
subdivision accepts an offer produced by a broker. | ||
(f) The political subdivision may sell a tract of real | ||
property under this section without complying with the requirements | ||
of Section 272.001. | ||
SECTION 3. 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. |