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A BILL TO BE ENTITLED
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AN ACT
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relating to alternative dates for sale of property under contract |
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lien. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 51.002, Property Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1), a [A] sale of |
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real property under a power of sale conferred by a deed of trust or |
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other contract lien must be a public sale at auction held between 10 |
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a.m. and 4 p.m. of the first Tuesday of a month. Except as provided |
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by Subsection (h), the sale must take place at the county courthouse |
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in the county in which the land is located, or if the property is |
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located in more than one county, the sale may be made at the |
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courthouse in any county in which the property is located. The |
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commissioners court shall designate the area at the courthouse |
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where the sales are to take place and shall record the designation |
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in the real property records of the county. The sale must occur in |
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the designated area. If no area is designated by the commissioners |
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court, the notice of sale must designate the area where the sale |
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covered by that notice is to take place, and the sale must occur in |
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that area. |
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(a-1) If the first Tuesday of the month occurs on January 1 |
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or July 4, a public sale under Subsection (a) must be held between |
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10 a.m. and 4 p.m. of the first Wednesday of the month. |
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SECTION 2. Section 51.002, Property Code, as amended by |
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this Act, applies only to a sale for which a notice is required |
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under Section 51.002, Property Code, on or after the effective date |
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of this Act. A sale for which notice is required under Section |
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51.002, Property Code, before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |