Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter F - DISPOSAL OF REAL ESTATE INTERESTS › Section 21.104 - Sale of Real Property by Sealed Bid

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The department may sell real property under this subchapter by sealed
				  bid. This section applies only to the sale of real property to the general
				  public and not to sales excepted by law from the sealed bid requirements, such
				  as the disposal of real property by exchange or by sale to a governmental
				  entity with power of eminent domain for a proper public purpose, or the
				  disposal of highway right of way by sale to the abutting landowner.
(b) Method for selling real property by
				  sealed bid.
(1) Recommendation for sale. A
				  recommendation for the sale by sealed bid of real property and improvements, if
				  any, will be submitted by the district engineer to the director, together with
				  a statement that the property is no longer needed for highway
				  purposes.
(2) Eligibility to bid.
				  Any person, other than a department employee, may submit a bid for the purchase
				  of real property. The department has the right to reject all bids.
(3) Notice of sale. Notice of the sale will
				  be published in a newspaper of general circulation in the county where the real
				  property is located. The notice will be published once a week for three
				  consecutive weeks, with the final publication occurring not later than the 20th
				  day before the date of the bid opening.
(4) Submittal of bid. Bids must be received
				  by the district engineer at the district headquarters on or before the hour and
				  date published in the notice of sale. Bids must be on a form furnished by the
				  department and in compliance with printed terms and conditions as stated on the
				  bid form.
(5) Opening of bid. The
				  bids will be opened by the district engineer or the district engineer's
				  designee at the location and time specified in the notice of sale and on the
				  bid form. In order to be considered by the department, the bid form must be
				  complete. Any bid form that is incomplete or has been altered in any way, by
				  addition or deletion of material, will be automatically rejected.
(6) Bid deposit.
(A) Each bidder must furnish a bid deposit in
				  the amount specified by the notice of sale, made payable to the department, and
				  in the form of a cashier's check or money order drawn by or on a state or
				  national bank, savings and loan association, or a state or federally chartered
				  credit union. The department will not accept as a bid deposit personal checks
				  or certified checks, or cashier's checks or money orders more than 90 days
				  old.
(B) If the bid deposit is
				  accepted by the commission, the bid deposit will be applied to the purchase
				  price and expenses of the sale. The bid deposits of unsuccessful bidders will
				  be returned within a reasonable time after the date of the bid opening. If for
				  any reason the successful bidder fails to pay the balance of the purchase price
				  together with the expenses in the form of cashier's check, money order, or
				  electronic fund transfer before the 61st day after the date on which the bidder
				  receives written notice that the state is ready to complete the sale, the bid
				  deposit will become the property of the state, not as a penalty but as
				  liquidated damages. If the commission rejects the bid or the department is
				  otherwise unable to complete the sale, the state will refund the bid deposit
				  without interest.
(7)
				  Acceptance of bid. If the director recommends to the commission that the
				  highest conforming bid be accepted, the commission will either accept or reject
				  the bid. If the commission accepts the bid, the commission will recommend,
				  subject to approval by the attorney general, that the Governor of Texas execute
				  a proper instrument conveying the state's interest in the real
				  property.
(8) Completion of
				  transaction. After the department receives the balance of the bid amount plus
				  all expenses of sale and a service fee as provided in §
											21.106
				  of this subchapter, the district will have the executed conveyance document
				  recorded and forwarded to the successful bidder.