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AN ACT
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relating to the public resale by means of a public auction using |
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online bidding and sale of property purchased by a taxing unit at an |
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ad valorem tax sale. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 34.05(d), Tax Code, is amended to read as |
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follows: |
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(d) Except as provided by this subsection, all public sales |
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requested as provided by Subsection (c) must [shall] be conducted |
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in the manner prescribed by the Texas Rules of Civil Procedure for |
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the sale of property under execution or, if directed by the |
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commissioners court of the county, in accordance with Section |
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34.01(a-1) and the rules adopted under that section providing for |
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public auction using online bidding and sale. The notice of the sale |
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must contain a description of the property to be sold, the number |
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and style of the suit under which the property was sold at the tax |
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foreclosure sale, and the date of the tax foreclosure sale. The |
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description of the property in the notice is sufficient if it is |
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stated in the manner provided by Section 34.01(f). If the |
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commissioners court of a county by order specifies the date or time |
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at which or location in the county where a public sale requested |
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under Subsection (c) shall be conducted, the sale shall be |
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conducted on the date and at the time and location specified in the |
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order. The acceptance of a bid by the officer conducting the sale is |
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conclusive and binding on the question of its sufficiency. An |
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action to set aside the sale on the grounds that the bid is |
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insufficient may not be sustained in court, except that a taxing |
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unit that participates in distribution of proceeds of the sale may |
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file an action before the first anniversary of the date of the sale |
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to set aside the sale on the grounds of fraud or collusion between |
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the officer making the sale and the purchaser. On conclusion of the |
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sale, the officer making the sale shall prepare a deed to the |
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purchaser. The taxing unit that requested the sale may elect to |
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prepare a deed for execution by the officer. If the taxing unit |
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prepares the deed, the officer shall execute that deed. An officer |
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who executes a deed prepared by the taxing unit is not responsible |
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or liable for any inconsistency, error, or other defect in the form |
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of the deed. As soon as practicable after a deed is executed by the |
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officer, the officer shall either file the deed for recording with |
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the county clerk or deliver the executed deed to the taxing unit |
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that requested the sale, which shall file the deed for recording |
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with the county clerk. The county clerk shall file and record each |
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deed under this subsection and after recording shall return the |
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deed to the grantee. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |
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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. 1652 was passed by the House on May 3, |
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2019, by the following vote: Yeas 136, Nays 4, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1652 was passed by the Senate on May |
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21, 2019, by the following vote: Yeas 31, Nays 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 |