Bill Text: TX HB2365 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
83R412 ALL-D | ||
By: Oliveira | H.B. No. 2365 |
|
||
|
||
relating to the public sale of certain real property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 34.0445(a) and (c), Civil Practice and | ||
Remedies Code, are amended to read as follows: | ||
(a) 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: | ||
(1) an unexpired written statement issued to the | ||
person in the manner prescribed by Section 34.015, Tax Code, | ||
showing that the county assessor-collector of the county in which | ||
the sale is conducted has determined that: | ||
(A) [ |
||
taxes owed by the person to that county; and | ||
(B) [ |
||
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; and | ||
(2) a tax certificate, as described by Section 31.08, | ||
Tax Code, showing that no taxes are due on the purchased property. | ||
(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: | ||
(1) an unexpired written statement issued to the | ||
person in the manner prescribed by Section 34.015, Tax Code, | ||
showing that the county assessor-collector of the county in which | ||
the sale was conducted determined that: | ||
(A) [ |
||
taxes owed by the person to that county; and | ||
(B) [ |
||
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; and | ||
(2) a tax certificate showing that no taxes are due on | ||
the purchased property. | ||
SECTION 2. Sections 34.015(b), (k-1), and (l), Tax Code, | ||
are amended to read as follows: | ||
(b) An officer conducting a sale of real property under | ||
Section 34.01 may not execute a deed in the name of or deliver a deed | ||
to any person 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: | ||
(1) 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 showing that: | ||
(A) [ |
||
the person to that county; and | ||
(B) [ |
||
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; and | ||
(2) a tax certificate, as described by Section 31.08, | ||
showing that no taxes are due on the purchased property. | ||
(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 an unexpired | ||
statement that complies with Subsection (k) and a tax certificate | ||
showing that no taxes are due on the purchased property, 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: | ||
(1) 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: | ||
(A) [ |
||
taxes owed by the person to that county; and | ||
(B) [ |
||
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; and | ||
(2) a tax certificate showing that no taxes are due on | ||
the purchased property. | ||
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. |