Bill Text: TX SB1981 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the eligibility of persons to participate in an ad valorem tax sale of real property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-25 - Referred to Finance [SB1981 Detail]
Download: Texas-2015-SB1981-Introduced.html
By: Bettencourt | S.B. No. 1981 | |
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relating to the eligibility of persons to participate in an ad | ||
valorem tax sale of real property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 34, Tax Code, is amended by | ||
adding Section 34.011 to read as follows: | ||
Sec. 34.011. PERSONS ELIGIBLE TO PURCHASE REAL PROPERTY. | ||
(a) This section applies only to a sale of real property under | ||
Section 34.01 conducted in: | ||
(1) a county with a population of 250,000 or more; or | ||
(2) a county with a population of less than 250,000 in | ||
which the commissioners court by order has adopted the provisions | ||
of this section. | ||
(b) In this section: | ||
(1) "Individual" does not include an individual acting | ||
on behalf of a taxing unit. | ||
(2) "Person" does not include a taxing unit or an | ||
individual acting on behalf of a taxing unit. | ||
(c) A county assessor-collector may require that, to be | ||
eligible to bid at a sale of real property under Section 34.01, an | ||
individual register as a bidder with the county assessor-collector | ||
before the sale begins. The county assessor-collector may require | ||
the individual: | ||
(1) to provide valid proof of identification; | ||
(2) to provide proof that the individual is authorized | ||
to bid for another person, if the individual may submit a bid for | ||
the other person at the sale; and | ||
(3) to at least annually execute a statement on a form | ||
provided by the county assessor-collector certifying that there are | ||
no delinquent taxes owed to the county and no delinquent ad valorem | ||
taxes owed to any taxing unit in the county by: | ||
(A) the individual executing the certification; | ||
(B) the person the individual may submit a bid | ||
for at the sale, if applicable; and | ||
(C) each entity at least 10 percent of the | ||
ownership interest in which is owned by the person the individual | ||
may submit a bid for at the sale, if applicable. | ||
(d) The county assessor-collector shall issue a written | ||
registration statement to an individual who registers as a bidder | ||
under this section. An individual is ineligible to submit a bid at a | ||
sale of real property under Section 34.01 unless the county | ||
assessor-collector has issued a written registration statement to | ||
the individual before the sale. | ||
(e) An officer conducting a sale of real property under | ||
Section 34.01 is not liable to any person if the officer sells real | ||
property to an individual who has not complied with the | ||
requirements of this section. | ||
SECTION 2. Sections 34.0445(a), (c), and (e), 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 or the individual submitting the | ||
successful bid for the purchaser exhibits to the officer an | ||
unexpired written registration statement issued to the person in | ||
the manner prescribed by Section 34.011 [ |
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(c) The deed executed by the officer conducting the sale | ||
must name the purchaser [ |
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recite that the purchaser or the individual submitting the | ||
successful bid for the purchaser [ |
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that officer an unexpired written registration statement issued to | ||
the person in the manner prescribed by Section 34.011 [ |
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Code[ |
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SECTION 3. The following provisions are repealed: | ||
(1) Section 34.0445(b), Civil Practice and Remedies | ||
Code; and | ||
(2) Section 34.015, Tax Code. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
the sale of real property under Subchapter C, Chapter 34, Civil | ||
Practice and Remedies Code, or Section 34.01, Tax Code, on or after | ||
the effective date of this Act. | ||
SECTION 5. This Act takes effect January 1, 2016. |