83R412 ALL-D
By: Oliveira H.B. No. 2365
A BILL TO BE ENTITLED
AN ACT
relating to the public sale of certain real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 34.0445(a) and (c), Civil Practice and
Remedies Code, are amended to read as follows:
(a) An officer conducting a sale of real property under this
subchapter may not execute or deliver a deed to the purchaser of the
property unless the purchaser exhibits to the officer:
(1) an unexpired written statement issued to the
person in the manner prescribed by Section 34.015, Tax Code,
showing that the county assessor-collector of the county in which
the sale is conducted has determined that:
(A) [(1)] there are no delinquent ad valorem
taxes owed by the person to that county; and
(B) [(2)] for each school district or
municipality having territory in the county there are no known or
reported delinquent ad valorem taxes owed by the person to that
school district or municipality; and
(2) a tax certificate, as described by Section 31.08,
Tax Code, showing that no taxes are due on the purchased property.
(c) The deed executed by the officer conducting the sale
must name the successful bidder as the grantee and recite that the
successful bidder exhibited to that officer:
(1) an unexpired written statement issued to the
person in the manner prescribed by Section 34.015, Tax Code,
showing that the county assessor-collector of the county in which
the sale was conducted determined that:
(A) [(1)] there are no delinquent ad valorem
taxes owed by the person to that county; and
(B) [(2)] for each school district or
municipality having territory in the county there are no known or
reported delinquent ad valorem taxes owed by the person to that
school district or municipality; and
(2) a tax certificate showing that no taxes are due on
the purchased property.
SECTION 2. Sections 34.015(b), (k-1), and (l), Tax Code,
are amended to read as follows:
(b) An officer conducting a sale of real property under
Section 34.01 may not execute a deed in the name of or deliver a deed
to any person other than the person who was the successful bidder.
The officer may not execute or deliver a deed to the purchaser of
the property unless the purchaser exhibits to the officer:
(1) an unexpired written statement issued under this
section to the person by the county assessor-collector of the
county in which the sale is conducted showing that:
(A) [(1)] there are no delinquent taxes owed by
the person to that county; and
(B) [(2)] for each school district or
municipality having territory in the county there are no known or
reported delinquent ad valorem taxes owed by the person to that
school district or municipality; and
(2) a tax certificate, as described by Section 31.08,
showing that no taxes are due on the purchased property.
(k-1) If within six months of the date of a sale of real
property under Section 34.01, the successful bidder does not
exhibit to the officer who conducted the sale an unexpired
statement that complies with Subsection (k) and a tax certificate
showing that no taxes are due on the purchased property, the officer
who conducted the sale shall provide a copy of the officer's return
to the county assessor-collector for each county in which the real
property is located. On receipt of the officer's return, the
county assessor-collector shall file the copy with the county clerk
of the county in which the county assessor-collector serves. The
county clerk shall record the return in records kept for that
purpose and shall index and cross-index the return in the name of
the successful bidder at the auction and each former owner of the
property. The chief appraiser of each appraisal district that
appraises the real property for taxation may list the successful
bidder in the appraisal records of that district as the owner of the
property.
(l) The deed executed by the officer conducting the sale
must name the successful bidder as the grantee and recite that the
successful bidder exhibited to that officer:
(1) an unexpired written statement issued to the
person in the manner prescribed by this section, showing that the
county assessor-collector of the county in which the sale was
conducted determined that:
(A) [(1)] there are no delinquent ad valorem
taxes owed by the person to that county; and
(B) [(2)] for each school district or
municipality having territory in the county there are no known or
reported delinquent ad valorem taxes owed by the person to that
school district or municipality; and
(2) a tax certificate showing that no taxes are due on
the purchased property.
SECTION 3. The change in law made by this Act applies only
to a public sale of real property conducted on or after the
effective date of this Act. A public sale of real property
conducted before the effective date of this Act is governed by the
law in effect on the date the sale was conducted, and the former law
is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2013.