Bill Text: TX HB2365 | 2013-2014 | 83rd Legislature | Comm Sub


Bill Title: Relating to the public sale of certain real property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-04-16 - Committee report sent to Calendars [HB2365 Detail]

Download: Texas-2013-HB2365-Comm_Sub.html
  83R18291 CJC-D
 
  By: Oliveira H.B. No. 2365
 
  Substitute the following for H.B. No. 2365:
 
  By:  Oliveira C.S.H.B. No. 2365
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the public sale of certain real property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 34.01(b) and (p), Tax Code, are amended
  to read as follows:
         (b)  On receipt of an order of sale of real property, the
  officer charged with selling the property shall endorse on the
  order the date and exact time when the officer received the order.
  The endorsement is a levy on the property without necessity for
  going upon the ground. The officer shall calculate the total amount
  due under the judgment, including all taxes, penalties, and
  interest, plus any other amount awarded by the judgment, court
  costs, [and] the costs of the sale, and any accrued post-judgment
  taxes, penalties, and interest. The costs of a sale include the
  costs of advertising, and deed recording fees anticipated to be
  paid in connection with the sale of the property. To assist the
  officer in making the calculation, the collector of any taxing unit
  that is party to the judgment may provide the officer with a
  certified tax statement showing the amount of the taxes included in
  the judgment that remain due that taxing unit, [and] all penalties,
  interest, and attorney's fees provided by the judgment, and all
  accrued post-judgment taxes, penalties, and interest as of the date
  of the proposed sale. If a certified tax statement is provided to
  the officer, the officer shall rely on the amount included in the
  statement and is not responsible or liable for the accuracy of the
  applicable portion of the calculation. A certified tax statement
  is not required to be sworn to and is sufficient if the tax
  collector or the collector's deputy signs the statement.
         (p)  Except as provided by Subsection (o), property seized
  under Subchapter E, Chapter 33, may not be sold for an amount that
  is less than the lesser of the market value of the property as
  specified in the warrant or the total amount of taxes, penalties,
  interest, costs, [and] other claims for which the warrant was
  issued, and any post-judgment taxes, penalties, and interest. If a
  sufficient bid is not received by the officer making the sale, the
  officer shall bid off the property to a taxing unit in the manner
  specified by Subsection (j) and subject to the other provisions of
  that subsection. A taxing unit that takes title to property under
  this subsection takes title for the use and benefit of that taxing
  unit and all other taxing units that established tax liens in the
  suit or that, on the date of the seizure, were owed delinquent taxes
  on the property.
         SECTION 2.  Section 34.02(b), Tax Code, is amended to read as
  follows:
         (b)  The proceeds shall be applied to:
               (1)  the costs of advertising the tax sale;
               (2)  any fees ordered by the judgment to be paid to an
  appointed attorney ad litem;
               (3)  the original court costs payable to the clerk of
  the court;
               (4)  the fees and commissions payable to the officer
  conducting the sale;
               (5)  the expenses incurred by a taxing unit in
  determining necessary parties and in procuring necessary legal
  descriptions of the property if those expenses were awarded to the
  taxing unit by the judgment under Section 33.48(a)(4);
               (6)  the taxes, penalties, interest, and attorney's
  fees that are due under the judgment; [and]
               (7)  any post-judgment taxes, penalties, and interest
  that accrued after the date of the judgment; and
               (8)  any other amount awarded to a taxing unit under the
  judgment.
         SECTION 3.  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.
         SECTION 4.  This Act takes effect September 1, 2013.
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