Texas 2013 - 83rd Regular

Texas House Bill HB2365 Compare Versions

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Old	New	Differences
1	1	83R18291 CJC-D
2	2	By: Oliveira H.B. No. 2365
3	3	Substitute the following for H.B. No. 2365:
4	4	By: Oliveira C.S.H.B. No. 2365
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the public sale of certain real property.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 34.01(b) and (p), Tax Code, are amended
12	12	to read as follows:
13	13	(b) On receipt of an order of sale of real property, the
14	14	officer charged with selling the property shall endorse on the
15	15	order the date and exact time when the officer received the order.
16	16	The endorsement is a levy on the property without necessity for
17	17	going upon the ground. The officer shall calculate the total amount
18	18	due under the judgment, including all taxes, penalties, and
19	19	interest, plus any other amount awarded by the judgment, court
20	20	costs, [and] the costs of the sale, and any accrued post-judgment
21	21	taxes, penalties, and interest. The costs of a sale include the
22	22	costs of advertising, and deed recording fees anticipated to be
23	23	paid in connection with the sale of the property. To assist the
24	24	officer in making the calculation, the collector of any taxing unit
25	25	that is party to the judgment may provide the officer with a
26	26	certified tax statement showing the amount of the taxes included in
27	27	the judgment that remain due that taxing unit, [and] all penalties,
28	28	interest, and attorney's fees provided by the judgment, and all
29	29	accrued post-judgment taxes, penalties, and interest as of the date
30	30	of the proposed sale. If a certified tax statement is provided to
31	31	the officer, the officer shall rely on the amount included in the
32	32	statement and is not responsible or liable for the accuracy of the
33	33	applicable portion of the calculation. A certified tax statement
34	34	is not required to be sworn to and is sufficient if the tax
35	35	collector or the collector's deputy signs the statement.
36	36	(p) Except as provided by Subsection (o), property seized
37	37	under Subchapter E, Chapter 33, may not be sold for an amount that
38	38	is less than the lesser of the market value of the property as
39	39	specified in the warrant or the total amount of taxes, penalties,
40	40	interest, costs, [and] other claims for which the warrant was
41	41	issued, and any post-judgment taxes, penalties, and interest. If a
42	42	sufficient bid is not received by the officer making the sale, the
43	43	officer shall bid off the property to a taxing unit in the manner
44	44	specified by Subsection (j) and subject to the other provisions of
45	45	that subsection. A taxing unit that takes title to property under
46	46	this subsection takes title for the use and benefit of that taxing
47	47	unit and all other taxing units that established tax liens in the
48	48	suit or that, on the date of the seizure, were owed delinquent taxes
49	49	on the property.
50	50	SECTION 2. Section 34.02(b), Tax Code, is amended to read as
51	51	follows:
52	52	(b) The proceeds shall be applied to:
53	53	(1) the costs of advertising the tax sale;
54	54	(2) any fees ordered by the judgment to be paid to an
55	55	appointed attorney ad litem;
56	56	(3) the original court costs payable to the clerk of
57	57	the court;
58	58	(4) the fees and commissions payable to the officer
59	59	conducting the sale;
60	60	(5) the expenses incurred by a taxing unit in
61	61	determining necessary parties and in procuring necessary legal
62	62	descriptions of the property if those expenses were awarded to the
63	63	taxing unit by the judgment under Section 33.48(a)(4);
64	64	(6) the taxes, penalties, interest, and attorney's
65	65	fees that are due under the judgment; [and]
66	66	(7) any post-judgment taxes, penalties, and interest
67	67	that accrued after the date of the judgment; and
68	68	(8) any other amount awarded to a taxing unit under the
69	69	judgment.
70	70	SECTION 3. The change in law made by this Act applies only
71	71	to a public sale of real property conducted on or after the
72	72	effective date of this Act. A public sale of real property
73	73	conducted before the effective date of this Act is governed by the
74	74	law in effect on the date the sale was conducted, and the former law
75	75	is continued in effect for that purpose.
76	76	SECTION 4. This Act takes effect September 1, 2013.