85R6980 PMO-D
 
  By: Wray H.B. No. 1128
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to alternative dates for sale of property under contract
  lien.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 the 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. of the first Wednesday of the month.
         SECTION 2.  Section 51.002, Property Code, as amended by
  this Act, applies only to a sale for which a notice is required
  under Section 51.002, Property Code, on or after the effective date
  of this Act. A sale for which notice is required under Section
  51.002, Property Code, before the effective date of this Act is
  governed by the law in effect immediately before the effective date
  of this Act, and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2017.