Bill Text: TX SB1361 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the public resale by means of a public auction using online bidding and sale of property purchased by a taxing unit at an ad valorem tax sale.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-16 - Left pending in committee [SB1361 Detail]
Download: Texas-2019-SB1361-Introduced.html
| 86R7231 JES-F | ||
| By: Bettencourt | S.B. No. 1361 | |
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| relating to the public resale by means of a public auction using | ||
| online bidding and sale of property purchased by a taxing unit at an | ||
| ad valorem tax sale. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 34.05(d), Tax Code, is amended to read as | ||
| follows: | ||
| (d) Except as provided by this subsection, all public sales | ||
| requested as provided by Subsection (c) must [ |
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| in the manner prescribed by the Texas Rules of Civil Procedure for | ||
| the sale of property under execution or, if directed by the | ||
| commissioners court of the county, in accordance with Section | ||
| 34.01(a-1) and the rules adopted under that section providing for | ||
| public auction using online bidding and sale. The notice of the sale | ||
| must contain a description of the property to be sold, the number | ||
| and style of the suit under which the property was sold at the tax | ||
| foreclosure sale, and the date of the tax foreclosure sale. The | ||
| description of the property in the notice is sufficient if it is | ||
| stated in the manner provided by Section 34.01(f). If the | ||
| commissioners court of a county by order specifies the date or time | ||
| at which or location in the county where a public sale requested | ||
| under Subsection (c) shall be conducted, the sale shall be | ||
| conducted on the date and at the time and location specified in the | ||
| order. The acceptance of a bid by the officer conducting the sale is | ||
| conclusive and binding on the question of its sufficiency. An | ||
| action to set aside the sale on the grounds that the bid is | ||
| insufficient may not be sustained in court, except that a taxing | ||
| unit that participates in distribution of proceeds of the sale may | ||
| file an action before the first anniversary of the date of the sale | ||
| to set aside the sale on the grounds of fraud or collusion between | ||
| the officer making the sale and the purchaser. On conclusion of the | ||
| sale, the officer making the sale shall prepare a deed to the | ||
| purchaser. The taxing unit that requested the sale may elect to | ||
| prepare a deed for execution by the officer. If the taxing unit | ||
| prepares the deed, the officer shall execute that deed. An officer | ||
| who executes a deed prepared by the taxing unit is not responsible | ||
| or liable for any inconsistency, error, or other defect in the form | ||
| of the deed. As soon as practicable after a deed is executed by the | ||
| officer, the officer shall either file the deed for recording with | ||
| the county clerk or deliver the executed deed to the taxing unit | ||
| that requested the sale, which shall file the deed for recording | ||
| with the county clerk. The county clerk shall file and record each | ||
| deed under this subsection and after recording shall return the | ||
| deed to the grantee. | ||
| 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, 2019. | ||
