| (a) To be eligible for sale, the property must be fully
paid for and free of liens incurred in connection with the acquisition
and construction of the property. For purposes of this section, a
federal debt is not considered a lien. However, any debt or obligation
may be satisfied at the time of sale. If title insurance is provided,
it may serve notice that any debt or obligation is satisfied. Finally,
to be eligible for sale, the Adjutant General declares the property
surplus.
(b) The real property shall be advertised for sale
to the highest bidder.
(c) The advertisement shall be published in such a
way to ensure the public has notice of the department's intent to
sell a particular property. The notice must be included in at least
one newspaper of general circulation including, if possible, the county
in which the real property is located and/or published in an online-advertisement
and published in the Texas Electronic Business Daily.
(d) The advertisement shall notify bidders of the following:
(1) Whether bids will be taken openly, through a sealed
bid process or public auction;
(2) That all bids must be in written form if conducted
by sealed bid;
(3) That bids are due at a specified time, place and
date;
(4) That the real property interests shall be conveyed
by Special Warranty Deed or Deed Without Warranty;
(5) That the agency shall retain all mineral interest.
The agency may retain water and other energy sources that may be deemed
in the best interest of the agency; and
(6) The department may reject any and all bids.
(e) If the original grantor or donor is a governmental
entity, the department may convey to the original grantor or donor,
at fair market value based on an independent appraisal, the real property,
and any improvements existing on the land at the time of divestiture,
including those made to the land by the department. If the original
grantor or donor declines to purchase the real property and improvements
at a fair market value based on an independent appraisal, the department
will initiate a sealed bidding or auction process.
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