Bill Text: TX HB2205 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the eligibility of persons to participate in the public sale of certain real property and the purchase of that property; providing a penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-05-09 - Referred to Intergovernmental Relations [HB2205 Detail]

Download: Texas-2011-HB2205-Introduced.html

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82R6967 ALL-D
By: Oliveira H.B. No. 2205

A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of persons to participate in the public
sale of certain real property and the purchase of that property;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 34.0445, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 34.0445. PERSONS ELIGIBLE TO BID ON AND PURCHASE REAL
PROPERTY.
SECTION 2. Section 34.0445, Civil Practice and Remedies
Code, is amended by amending Subsections (a) and (c) and adding
Subsections (a-1) and (b-1) to read as follows:
(a) To be eligible to bid on real property at a sale under
this subchapter, a person must, before the sale begins, exhibit to
the officer conducting the sale a written statement issued to the
person in the manner prescribed by Section 34.015, Tax Code, along
with a tax certificate for each property tax account listed in the
statement, showing that the county assessor-collector of the county
in which the sale is conducted has determined that:
(1) there are no delinquent ad valorem taxes owed by
the person to that county; and
(2) for each school district or municipality having
territory in the county there are no known or reported delinquent ad
valorem taxes owed by the person to that school district or
municipality.
(a-1) An officer conducting a sale of real property under
this subchapter may not accept a bid from, execute a deed to, or
deliver a deed to a person who, before the sale begins, does not
exhibit [the purchaser of the property unless the purchaser
exhibits] to the officer an unexpired written statement issued to
the person in the manner prescribed by Section 34.015, Tax Code,
along with a tax certificate for each property tax account listed in
the statement, showing that the county assessor-collector of the
county in which the sale is conducted has determined that:
(1) there are no delinquent ad valorem taxes owed by
the person to that county; and
(2) for each school district or municipality having
territory in the county there are no known or reported delinquent ad
valorem taxes owed by the person to that school district or
municipality.
(b-1) An officer conducting a sale of real property under
this subchapter may not execute or deliver a deed to the purchaser
of the property unless the purchaser exhibits to the officer a tax
certificate showing that no taxes are due on the purchased property
as required by Section 34.015(b-1), Tax Code.
(c) The deed executed by the officer conducting the sale
must name the successful bidder as the grantee and recite that the
successful bidder exhibited to that officer a tax certificate
showing that no taxes are due on the property purchased and that,
before the sale began, the successful bidder exhibited to that
officer an unexpired written statement issued to the person in the
manner prescribed by Section 34.015, Tax Code, along with a tax
certificate for each property tax account listed in the statement,
showing that the county assessor-collector of the county in which
the sale was conducted determined that:
(1) there are no delinquent ad valorem taxes owed by
the person to that county; and
(2) for each school district or municipality having
territory in the county there are no known or reported delinquent ad
valorem taxes owed by the person to that school district or
municipality.
SECTION 3. The heading to Section 34.015, Tax Code, is
amended to read as follows:
Sec. 34.015. PERSONS ELIGIBLE TO BID ON AND PURCHASE REAL
PROPERTY.
SECTION 4. Section 34.015, Tax Code, is amended by adding
Subsections (a-1) and (b-1) and amending Subsections (b), (k),
(k-1), and (l) to read as follows:
(a-1) To be eligible to bid on real property at a tax sale, a
person must, before the sale begins, exhibit to the officer
conducting the sale an unexpired written statement issued under
this section to the person by the county assessor-collector of the
county in which the sale is conducted, along with a tax certificate
for each property tax account listed on the statement, showing
that:
(1) there are no delinquent taxes owed by the person to
that county; and
(2) for each school district or municipality having
territory in the county there are no known or reported delinquent ad
valorem taxes owed by the person to that school district or
municipality.
(b) An officer conducting a sale of real property under
Section 34.01 may not:
(1) accept a bid from, execute a deed to, [in the name
of] or deliver a deed to a [any] person who, before the sale begins,
does not exhibit [other than the person who was the successful
bidder. The officer may not execute or deliver a deed to the
purchaser of the property unless the purchaser exhibits] to the
officer an unexpired written statement issued under this section to
the person by the county assessor-collector of the county in which
the sale is conducted, along with a tax certificate for each
property tax account listed on the statement, showing that:
(A) [(1)] there are no delinquent taxes owed by
the person to that county; and
(B) [(2)] for each school district or
municipality having territory in the county there are no known or
reported delinquent ad valorem taxes owed by the person to that
school district or municipality; or
(2) execute a deed in the name of or deliver a deed to a
person other than the person who was the successful bidder.
(b-1) An officer conducting a sale of real property under
Section 34.01 may not execute or deliver a deed to the purchaser of
the property unless the purchaser exhibits to the officer a tax
certificate, as described by Section 31.08, showing that no taxes
are due on the purchased property.
(k) A statement under Subsection (c) must be issued in the
name of the requestor, bear the requestor's name, include the dates
of issuance and expiration, and be eligible for recording under
Section 12.001(b), Property Code. A statement expires on March 1 of
the year following the year [on the 90th day after the date] of
issuance.
(k-1) If within six months of the date of a sale of real
property under Section 34.01, the successful bidder does not
exhibit to the officer who conducted the sale a tax certificate as
required by Subsection (b-1) [an unexpired statement that complies
with Subsection (k)], the officer who conducted the sale shall
provide a copy of the officer's return to the county
assessor-collector for each county in which the real property is
located. On receipt of the officer's return, the county
assessor-collector shall file the copy with the county clerk of the
county in which the county assessor-collector serves. The county
clerk shall record the return in records kept for that purpose and
shall index and cross-index the return in the name of the successful
bidder at the auction and each former owner of the property. The
chief appraiser of each appraisal district that appraises the real
property for taxation may list the successful bidder in the
appraisal records of that district as the owner of the property.
(l) The deed executed by the officer conducting the sale
must name the successful bidder as the grantee and recite that the
successful bidder exhibited to that officer a tax certificate
showing that no taxes are due on the property purchased and that,
before the sale began, the successful bidder exhibited to that
officer an unexpired written statement issued to the person in the
manner prescribed by this section, showing that the county
assessor-collector of the county in which the sale was conducted
determined that:
(1) there are no delinquent ad valorem taxes owed by
the person to that county; and
(2) for each school district or municipality having
territory in the county there are no known or reported delinquent ad
valorem taxes owed by the person to that school district or
municipality.
SECTION 5. (a) Except as provided by this section, the
change in law made by this Act applies only to a public sale of real
property conducted on or after the effective date of this Act. A
public sale of real property conducted before the effective date of
this Act is governed by the law in effect on the date the sale was
conducted, and the former law is continued in effect for that
purpose.
(b) The change in law made by this Act to Section 34.015(k),
Tax Code, applies to a statement issued on or after the effective
date of this Act or an unexpired statement issued before the
effective date of this Act. Notwithstanding the expiration date
included in the unexpired statement, an unexpired statement issued
before the effective date of this Act expires on March 1, 2012.
SECTION 6. This Act takes effect September 1, 2011.