Texas 2011 - 82nd Regular

Texas House Bill HB2205 Compare Versions

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1	1	82R6967 ALL-D
2	2	By: Oliveira H.B. No. 2205
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility of persons to participate in the public
8	8	sale of certain real property and the purchase of that property;
9	9	providing a penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 34.0445, Civil Practice
12	12	and Remedies Code, is amended to read as follows:
13	13	Sec. 34.0445. PERSONS ELIGIBLE TO BID ON AND PURCHASE REAL
14	14	PROPERTY.
15	15	SECTION 2. Section 34.0445, Civil Practice and Remedies
16	16	Code, is amended by amending Subsections (a) and (c) and adding
17	17	Subsections (a-1) and (b-1) to read as follows:
18	18	(a) To be eligible to bid on real property at a sale under
19	19	this subchapter, a person must, before the sale begins, exhibit to
20	20	the officer conducting the sale a written statement issued to the
21	21	person in the manner prescribed by Section 34.015, Tax Code, along
22	22	with a tax certificate for each property tax account listed in the
23	23	statement, showing that the county assessor-collector of the county
24	24	in which the sale is conducted has determined that:
25	25	(1) there are no delinquent ad valorem taxes owed by
26	26	the person to that county; and
27	27	(2) for each school district or municipality having
28	28	territory in the county there are no known or reported delinquent ad
29	29	valorem taxes owed by the person to that school district or
30	30	municipality.
31	31	(a-1) An officer conducting a sale of real property under
32	32	this subchapter may not accept a bid from, execute a deed to, or
33	33	deliver a deed to a person who, before the sale begins, does not
34	34	exhibit [the purchaser of the property unless the purchaser
35	35	exhibits] to the officer an unexpired written statement issued to
36	36	the person in the manner prescribed by Section 34.015, Tax Code,
37	37	along with a tax certificate for each property tax account listed in
38	38	the statement, showing that the county assessor-collector of the
39	39	county in which the sale is conducted has determined that:
40	40	(1) there are no delinquent ad valorem taxes owed by
41	41	the person to that county; and
42	42	(2) for each school district or municipality having
43	43	territory in the county there are no known or reported delinquent ad
44	44	valorem taxes owed by the person to that school district or
45	45	municipality.
46	46	(b-1) An officer conducting a sale of real property under
47	47	this subchapter may not execute or deliver a deed to the purchaser
48	48	of the property unless the purchaser exhibits to the officer a tax
49	49	certificate showing that no taxes are due on the purchased property
50	50	as required by Section 34.015(b-1), Tax Code.
51	51	(c) The deed executed by the officer conducting the sale
52	52	must name the successful bidder as the grantee and recite that the
53	53	successful bidder exhibited to that officer a tax certificate
54	54	showing that no taxes are due on the property purchased and that,
55	55	before the sale began, the successful bidder exhibited to that
56	56	officer an unexpired written statement issued to the person in the
57	57	manner prescribed by Section 34.015, Tax Code, along with a tax
58	58	certificate for each property tax account listed in the statement,
59	59	showing that the county assessor-collector of the county in which
60	60	the sale was conducted determined that:
61	61	(1) there are no delinquent ad valorem taxes owed by
62	62	the person to that county; and
63	63	(2) for each school district or municipality having
64	64	territory in the county there are no known or reported delinquent ad
65	65	valorem taxes owed by the person to that school district or
66	66	municipality.
67	67	SECTION 3. The heading to Section 34.015, Tax Code, is
68	68	amended to read as follows:
69	69	Sec. 34.015. PERSONS ELIGIBLE TO BID ON AND PURCHASE REAL
70	70	PROPERTY.
71	71	SECTION 4. Section 34.015, Tax Code, is amended by adding
72	72	Subsections (a-1) and (b-1) and amending Subsections (b), (k),
73	73	(k-1), and (l) to read as follows:
74	74	(a-1) To be eligible to bid on real property at a tax sale, a
75	75	person must, before the sale begins, exhibit to the officer
76	76	conducting the sale an unexpired written statement issued under
77	77	this section to the person by the county assessor-collector of the
78	78	county in which the sale is conducted, along with a tax certificate
79	79	for each property tax account listed on the statement, showing
80	80	that:
81	81	(1) there are no delinquent taxes owed by the person to
82	82	that county; and
83	83	(2) for each school district or municipality having
84	84	territory in the county there are no known or reported delinquent ad
85	85	valorem taxes owed by the person to that school district or
86	86	municipality.
87	87	(b) An officer conducting a sale of real property under
88	88	Section 34.01 may not:
89	89	(1) accept a bid from, execute a deed to, [in the name
90	90	of] or deliver a deed to a [any] person who, before the sale begins,
91	91	does not exhibit [other than the person who was the successful
92	92	bidder. The officer may not execute or deliver a deed to the
93	93	purchaser of the property unless the purchaser exhibits] to the
94	94	officer an unexpired written statement issued under this section to
95	95	the person by the county assessor-collector of the county in which
96	96	the sale is conducted, along with a tax certificate for each
97	97	property tax account listed on the statement, showing that:
98	98	(A) [(1)] there are no delinquent taxes owed by
99	99	the person to that county; and
100	100	(B) [(2)] for each school district or
101	101	municipality having territory in the county there are no known or
102	102	reported delinquent ad valorem taxes owed by the person to that
103	103	school district or municipality; or
104	104	(2) execute a deed in the name of or deliver a deed to a
105	105	person other than the person who was the successful bidder.
106	106	(b-1) An officer conducting a sale of real property under
107	107	Section 34.01 may not execute or deliver a deed to the purchaser of
108	108	the property unless the purchaser exhibits to the officer a tax
109	109	certificate, as described by Section 31.08, showing that no taxes
110	110	are due on the purchased property.
111	111	(k) A statement under Subsection (c) must be issued in the
112	112	name of the requestor, bear the requestor's name, include the dates
113	113	of issuance and expiration, and be eligible for recording under
114	114	Section 12.001(b), Property Code. A statement expires on March 1 of
115	115	the year following the year [on the 90th day after the date] of
116	116	issuance.
117	117	(k-1) If within six months of the date of a sale of real
118	118	property under Section 34.01, the successful bidder does not
119	119	exhibit to the officer who conducted the sale a tax certificate as
120	120	required by Subsection (b-1) [an unexpired statement that complies
121	121	with Subsection (k)], the officer who conducted the sale shall
122	122	provide a copy of the officer's return to the county
123	123	assessor-collector for each county in which the real property is
124	124	located. On receipt of the officer's return, the county
125	125	assessor-collector shall file the copy with the county clerk of the
126	126	county in which the county assessor-collector serves. The county
127	127	clerk shall record the return in records kept for that purpose and
128	128	shall index and cross-index the return in the name of the successful
129	129	bidder at the auction and each former owner of the property. The
130	130	chief appraiser of each appraisal district that appraises the real
131	131	property for taxation may list the successful bidder in the
132	132	appraisal records of that district as the owner of the property.
133	133	(l) The deed executed by the officer conducting the sale
134	134	must name the successful bidder as the grantee and recite that the
135	135	successful bidder exhibited to that officer a tax certificate
136	136	showing that no taxes are due on the property purchased and that,
137	137	before the sale began, the successful bidder exhibited to that
138	138	officer an unexpired written statement issued to the person in the
139	139	manner prescribed by this section, showing that the county
140	140	assessor-collector of the county in which the sale was conducted
141	141	determined that:
142	142	(1) there are no delinquent ad valorem taxes owed by
143	143	the person to that county; and
144	144	(2) for each school district or municipality having
145	145	territory in the county there are no known or reported delinquent ad
146	146	valorem taxes owed by the person to that school district or
147	147	municipality.
148	148	SECTION 5. (a) Except as provided by this section, the
149	149	change in law made by this Act applies only to a public sale of real
150	150	property conducted on or after the effective date of this Act. A
151	151	public sale of real property conducted before the effective date of
152	152	this Act is governed by the law in effect on the date the sale was
153	153	conducted, and the former law is continued in effect for that
154	154	purpose.
155	155	(b) The change in law made by this Act to Section 34.015(k),
156	156	Tax Code, applies to a statement issued on or after the effective
157	157	date of this Act or an unexpired statement issued before the
158	158	effective date of this Act. Notwithstanding the expiration date
159	159	included in the unexpired statement, an unexpired statement issued
160	160	before the effective date of this Act expires on March 1, 2012.
161	161	SECTION 6. This Act takes effect September 1, 2011.