H.B. No. 1128
 
 
 
 
AN ACT
  relating to the date and time for the public sale of real property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 34.041, Civil Practice
  and Remedies Code, is amended to read as follows:
         Sec. 34.041.  SALE AT PLACE OTHER THAN COURTHOUSE DOOR; DATE
  AND TIME OF SALE.
         SECTION 2.  Section 34.041, Civil Practice and Remedies
  Code, is amended by adding Subsection (c) to read as follows:
         (c)  A sale of real property under this subchapter must take
  place between 10 a.m. and 4 p.m. on the first Tuesday of a month or,
  if the first Tuesday of a month occurs on January 1 or July 4,
  between 10 a.m. and 4 p.m. on the first Wednesday of the month.
  Notwithstanding Section 22.004, Government Code, the supreme court
  may not amend or adopt rules in conflict with this subsection.
         SECTION 3.  Sections 51.002, Property Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as provided by Subsection (a-1), a [A] sale of
  real property under a power of sale conferred by a deed of trust or
  other contract lien must be a public sale at auction held between 10
  a.m. and 4 p.m. of the first Tuesday of a month. Except as provided
  by Subsection (h), the sale must take place at the county courthouse
  in the county in which the land is located, or if the property is
  located in more than one county, the sale may be made at the
  courthouse in any county in which the property is located. The
  commissioners court shall designate the area at the courthouse
  where the sales are to take place and shall record the designation
  in the real property records of the county. The sale must occur in
  the designated area. If no area is designated by the commissioners
  court, the notice of sale must designate the area where the sale
  covered by that notice is to take place, and the sale must occur in
  that area.
         (a-1)  If the first Tuesday of a month occurs on January 1 or
  July 4, a public sale under Subsection (a) must be held between 10
  a.m. and 4 p.m. on the first Wednesday of the month.
         SECTION 4.  Section 34.01, Tax Code, is amended by adding
  Subsections (r-1) and (r-2) to read as follows:
         (r-1)  A sale of real property under this section, other than
  a sale conducted by means of a public auction using online bidding
  and sale under Subsection (a-1), must take place between 10 a.m. and
  4 p.m. on the first Tuesday of a month or, if the first Tuesday of a
  month occurs on January 1 or July 4, between 10 a.m. and 4 p.m. on
  the first Wednesday of the month.
         (r-2)  A sale of real property conducted by means of a public
  auction using online bidding and sale under Subsection (a-1) may
  begin at any time and must conclude at 4 p.m. on the first Tuesday of
  a month or, if the first Tuesday of a month occurs on January 1 or
  July 4, at 4 p.m. on the first Wednesday of the month.
         SECTION 5.  Section 34.07(f), Tax Code, is amended to read as
  follows:
         (f)  A suit filed against the taxing units under Subsection
  (d) may not be maintained unless the action is instituted before the
  first anniversary of the date of sale or resale. In this subsection:
               (1)  "Date of sale" means the date [first Tuesday of the
  month] on which the sheriff or constable conducted the sale of the
  property under Section 34.01.
               (2)  "Date of resale" means the date on which the
  grantor's acknowledgment was taken or, in the case of multiple
  grantors, the latest date of acknowledgment by the grantors as
  shown in the deed.
         SECTION 6.  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, Section 51.002, Property Code, or
  Section 34.01, Tax Code, for which notice is given on or after the
  effective date of this Act.
         SECTION 7.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1128 was passed by the House on April
  13, 2017, by the following vote:  Yeas 138, Nays 0, 3 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1128 on May 19, 2017, by the following vote:  Yeas 140, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1128 was passed by the Senate, with
  amendments, on May 15, 2017, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor