Bill Text: TX HB1382 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the public sale of real property taken in execution of a judgment.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-02 - Effective on 9/1/23 [HB1382 Detail]
Download: Texas-2023-HB1382-Comm_Sub.html
Bill Title: Relating to the public sale of real property taken in execution of a judgment.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-02 - Effective on 9/1/23 [HB1382 Detail]
Download: Texas-2023-HB1382-Comm_Sub.html
By: Hernandez (Senate Sponsor - Bettencourt) | H.B. No. 1382 | |
(In the Senate - Received from the House April 11, 2023; | ||
April 12, 2023, read first time and referred to Committee on Local | ||
Government; May 10, 2023, reported favorably by the following | ||
vote: Yeas 9, Nays 0; May 10, 2023, sent to printer.) | ||
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relating to the public sale of real property taken in execution of a | ||
judgment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 34.041, Civil Practice and Remedies | ||
Code, is amended by adding Subsections (a-1) and (a-2) and amending | ||
Subsection (b) to read as follows: | ||
(a-1) The commissioners court of a county by official action | ||
may authorize the officer charged with conducting a public sale of | ||
real property taken in execution of a judgment to conduct a public | ||
auction using online bidding and sale. The commissioners court may | ||
adopt rules governing online auctions authorized under this | ||
subsection. Rules adopted by the commissioners court under this | ||
subsection take effect on the 90th day after the date the rules are | ||
published in the real property records of the county. | ||
(a-2) Subsection (a-1) does not apply to a sale of real | ||
property conducted under Section 51.002, Property Code. | ||
(b) The commissioners court of a county may designate an | ||
area other than an area at the county courthouse where public sales | ||
of real property under this chapter will take place that is in a | ||
public place within a reasonable proximity of the county courthouse | ||
as determined by the commissioners court and in a location as | ||
accessible to the public as the courthouse door. The commissioners | ||
court shall record that designation in the real property records of | ||
the county. A designation by a commissioners court under this | ||
section is not a ground for challenging or invalidating any | ||
sale. Except for a sale conducted under Subsection (a) or (a-1), a | ||
sale must be held at an area designated under this subsection if the | ||
sale is held on or after the 90th day after the date the designation | ||
is recorded. The commissioners court may by order authorize a | ||
county official or employee to identify separate locations within | ||
the designated area for the conduct of sales under this section and | ||
for the conduct of sales by peace officers under other laws. | ||
SECTION 2. This Act takes effect September 1, 2023. | ||
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