Bill Text: TX HB4844 | 2023-2024 | 88th Legislature | Enrolled

Texas House Bill 4844

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-06-18 - Effective immediately [HB4844 Detail]

Download: Texas-2023-HB4844-Enrolled.html



	H.B. No. 4844




	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.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 4844 was passed by the House on April
	28, 2023, by the following vote: Yeas 139, Nays 2, 3 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 4844 was passed by the Senate on May
	19, 2023, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor