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