Bill Text: TX SB723 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the location of certain public sales of real property.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-05-07 - Comm. report sent to Local & Consent Calendar [SB723 Detail]
Download: Texas-2013-SB723-Engrossed.html
By: Taylor | S.B. No. 723 |
|
||
|
||
relating to the location of certain public sales of real property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 34.041, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 34.041. SALE AT PLACE OTHER THAN COURTHOUSE DOOR. | ||
(a) If the public sale of real property [ |
||
order or other law to be made at a place other than the courthouse | ||
door, sales under this chapter shall be made at the place designated | ||
by that court order or other law. | ||
(b) The commissioners court of a county may designate an | ||
area other than an area at the county courthouse where public sales | ||
of real property under this chapter will take place that is in a | ||
public place within a reasonable proximity of the county courthouse | ||
and in a location as accessible to the public as the courthouse | ||
door. The commissioners court shall record that designation in the | ||
real property records of the county. Except for a sale under | ||
Subsection (a), a sale must be held at an area designated under this | ||
subsection and may not be held before the 90th day after the date | ||
the designation is recorded. | ||
SECTION 2. Subsection (h), Section 51.002, Property Code, | ||
is amended to read as follows: | ||
(h) For the purposes of Subsection (a), the commissioners | ||
court of a county may designate an area other than an area at the | ||
county courthouse where public sales of real property under this | ||
section will take place that is in a public place within a | ||
reasonable proximity of the county courthouse and in a location as | ||
accessible to the public as the courthouse door. The commissioners | ||
court shall record that designation in the real property records of | ||
the county. A sale must [ |
||
under this subsection and may not be held before the 90th day after | ||
the date the designation is recorded. The posting of the notice | ||
required by Subsection (b)(1) of a sale designated under this | ||
subsection to take place at an area other than an area of the | ||
courthouse remains at the courthouse door of the appropriate | ||
county. | ||
SECTION 3. Section 34.01, Tax Code, is amended by amending | ||
Subsection (r) and adding Subsection (r-1) to read as follows: | ||
(r) Except as provided by this subsection, a sale of real | ||
property under this section must take place at the county | ||
courthouse in the county in which the land is located. The | ||
commissioners court of the county may designate an area other than | ||
an area at [ |
||
|
||
is in a public place within a reasonable proximity of the county | ||
courthouse and in a location as accessible to the public as the | ||
courthouse door. The commissioners court [ |
||
designation [ |
||
property records of the county. A sale must be held at an area | ||
designated under this subsection and may not be held before the 90th | ||
day after the date the designation is recorded [ |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
(r-1) If a commissioners court has designated an area where | ||
public sales of real property take place under Subsection (r) | ||
before September 1, 2013, that will not be in compliance with | ||
Subsection (r) after December 31, 2013, the commissioners court | ||
shall designate before January 1, 2014, a location for public sales | ||
that will comply with Subsection (r), as amended by __.B. ____, 83rd | ||
Legislature, Regular Session, 2013. This subsection expires | ||
September 1, 2014. | ||
SECTION 4. Subsection (r), Section 34.01, Tax Code, as | ||
amended by this Act, applies only to a sale of real property in | ||
which notice of the sale under that section is provided on or after | ||
the effective date of this Act. A sale in which notice of the sale | ||
is provided before the effective date of this Act is subject to the | ||
law in effect immediately before that date, and that law is | ||
continued in effect for that purpose. | ||
SECTION 5. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2013. | ||
(b) Subsection (r), Section 34.01, Tax Code, as amended by | ||
this Act, takes effect January 1, 2014. |