HBA-NLM H.B. 2823 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2823
By: Gray
Land & Resource Management
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, the provisions allowing a county to engage the services
of a realtor are ambiguous as to whether or not the county can avoid the
competitive bid statute by using the services of the realtor.  The use of
such a process might be an alternative to a pubic auction.  H.B. 2823
authorizes the commissioners court of a county to contract with a realtor,
rather than a person licensed under The Real Estate License Act, Article
6573a, V.T.C.S., to sell a tract of real property that is owned by the
county.  In addition, this bill authorizes the commissioners court to sell
a tract of real property under this section without complying with the
requirements for notice and bidding or conducting a public auction. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 263.008, Local Government Code, as follows:

Sec. 263.008.  REALTOR AGREEMENTS AND FEES FOR THE SALE OF REAL PROPERTY.
(a) Defines "realtor." 

(b) Authorizes the commissioners court of a county to contract with a
realtor, rather than a person licensed under The Real Estate License Act,
Article 6573a, V.T.C.S., to sell a tract of real property that is owned by
the county. 

(c) Redesignated from existing Subsection (b).  Authorizes the
commissioners court of a county to pay a fee if a realtor, rather than a
person licensed under The Real Estate License Act, Article 6573a, V.T.C.S.,
produces a ready, willing and able buyer to purchase a tract of real
property. 

(d) Authorizes the commissioners court to sell the tract of real property
to a ready, willing, and able buyer produced by any realtor using the
multiple-listing service, if a contract made under Subsection (b) requires
a realtor to list the tract of real property for sale with a
multiple-listing service used by  other realtors in the county. 

(e) Authorizes the commissioners court to sell a tract of real property
under this section without complying with the requirements for notice and
bidding or conducting a public auction. 

SECTION 2.  Amends Section 272.001(a) (Realtor Agreements and Fees for the
Sale of Real Property), Local Government Code, to include Section 263.008
among the list of exceptions. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.