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AN ACT
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relating to the location of certain public sales of real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 34.041, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 34.041. SALE AT PLACE OTHER THAN COURTHOUSE DOOR. |
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(a) If the public sale of real property [land] is required by court |
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order or other law to be made at a place other than the courthouse |
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door, sales under this chapter shall be made at the place designated |
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by that court order or other law. |
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(b) The commissioners court of a county may designate an |
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area other than an area at the county courthouse where public sales |
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of real property under this chapter will take place that is in a |
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public place within a reasonable proximity of the county courthouse |
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as determined by the commissioners court and in a location as |
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accessible to the public as the courthouse door. The commissioners |
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court shall record that designation in the real property records of |
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the county. A designation by a commissioners court under this |
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section is not a ground for challenging or invalidating any sale. |
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Except for a sale under Subsection (a), a sale must be held at an |
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area designated under this subsection if the sale is held on or |
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after the 90th day after the date the designation is recorded. The |
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commissioners court may by order authorize a county official or |
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employee to identify separate locations within the designated area |
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for the conduct of sales under this section and for the conduct of |
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sales by peace officers under other laws. |
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SECTION 2. Subsection (h), Section 51.002, Property Code, |
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is amended to read as follows: |
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(h) For the purposes of Subsection (a), the commissioners |
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court of a county may designate an area other than an area at the |
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county courthouse where public sales of real property under this |
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section will take place that is in a public place within a |
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reasonable proximity of the county courthouse as determined by the |
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commissioners court and in a location as accessible to the public as |
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the courthouse door. The commissioners court shall record that |
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designation in the real property records of the county. A |
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designation by a commissioners court under this section is not a |
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ground for challenging or invalidating any sale. A sale must [may
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not] be held at an area designated under this subsection if the sale |
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is held on or after [before] the 90th day after the date the |
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designation is recorded. The posting of the notice required by |
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Subsection (b)(1) of a sale designated under this subsection to |
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take place at an area other than an area of the courthouse remains |
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at the courthouse door of the appropriate county. |
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SECTION 3. Subsection (r), Section 34.01, Tax Code, is |
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amended to read as follows: |
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(r) Except as provided by this subsection, a sale of real |
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property under this section must take place at the county |
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courthouse in the county in which the land is located. The |
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commissioners court of the county may designate an area other than |
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an area at [in] the county courthouse [or another location in the
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county] where sales under this section will [must] take place that |
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is in a public place within a reasonable proximity of the county |
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courthouse as determined by the commissioners court and in a |
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location as accessible to the public as the courthouse door. The |
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commissioners court [and] shall record that designation [any
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designated area or other location] in the real property records of |
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the county. A designation by a commissioners court under this |
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section is not a ground for challenging or invalidating any sale. A |
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sale must be held at an area designated under this subsection if the |
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sale is held on or after the 90th day after the date the designation |
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is recorded [If the commissioners court designates an area in the
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courthouse or another location in the county for sales, a sale must
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occur in that area or at that location. If the commissioners court
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does not designate an area in the courthouse or another location in
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the county for sales, a sale must occur in the same area in the
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courthouse that is designated by the commissioners court for the
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sale of real property under Section 51.002, Property Code]. |
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SECTION 4. This Act takes effect October 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 699 was passed by the House on April |
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11, 2013, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 699 on May 23, 2013, by the following vote: Yeas 144, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 699 was passed by the Senate, with |
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amendments, on May 20, 2013, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |