By: Taylor S.B. No. 723
(In the Senate - Filed February 21, 2013; February 25, 2013,
read first time and referred to Committee on Business and Commerce;
March 13, 2013, reported favorably by the following vote: Yeas 8,
Nays 0; March 13, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the location of certain public sales of real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 34.041, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 34.041. SALE AT PLACE OTHER THAN COURTHOUSE DOOR.
(a) If the public sale of real property [land] is required by court
order or other law to be made at a place other than the courthouse
door, sales under this chapter shall be made at the place designated
by that court order or other law.
(b) The commissioners court of a county may designate an
area other than an area at the county courthouse where public sales
of real property under this chapter will take place that is in a
public place within a reasonable proximity of the county courthouse
and in a location as accessible to the public as the courthouse
door. The commissioners court shall record that designation in the
real property records of the county. Except for a sale under
Subsection (a), a sale must be held at an area designated under this
subsection and may not be held before the 90th day after the date
the designation is recorded.
SECTION 2. Subsection (h), Section 51.002, Property Code,
is amended to read as follows:
(h) For the purposes of Subsection (a), the commissioners
court of a county may designate an area other than an area at the
county courthouse where public sales of real property under this
section will take place that is in a public place within a
reasonable proximity of the county courthouse and in a location as
accessible to the public as the courthouse door. The commissioners
court shall record that designation in the real property records of
the county. A sale must [may not] be held at an area designated
under this subsection and may not be held before the 90th day after
the date the designation is recorded. The posting of the notice
required by Subsection (b)(1) of a sale designated under this
subsection to take place at an area other than an area of the
courthouse remains at the courthouse door of the appropriate
county.
SECTION 3. Section 34.01, Tax Code, is amended by amending
Subsection (r) and adding Subsection (r-1) to read as follows:
(r) Except as provided by this subsection, a sale of real
property under this section must take place at the county
courthouse in the county in which the land is located. The
commissioners court of the county may designate an area other than
an area at [in] the county courthouse [or another location in the
county] where sales under this section will [must] take place that
is in a public place within a reasonable proximity of the county
courthouse and in a location as accessible to the public as the
courthouse door. The commissioners court [and] shall record that
designation [any designated area or other location] in the real
property records of the county. A sale must be held at an area
designated under this subsection and may not be held before the 90th
day after the date the designation is recorded [If the
commissioners court designates an area in the courthouse or another
location in the county for sales, a sale must occur in that area or
at that location. If the commissioners court does not designate an
area in the courthouse or another location in the county for sales,
a sale must occur in the same area in the courthouse that is
designated by the commissioners court for the sale of real property
under Section 51.002, Property Code].
(r-1) If a commissioners court has designated an area where
public sales of real property take place under Subsection (r)
before September 1, 2013, that will not be in compliance with
Subsection (r) after December 31, 2013, the commissioners court
shall designate before January 1, 2014, a location for public sales
that will comply with Subsection (r), as amended by __.B. ____, 83rd
Legislature, Regular Session, 2013. This subsection expires
September 1, 2014.
SECTION 4. Subsection (r), Section 34.01, Tax Code, as
amended by this Act, applies only to a sale of real property in
which notice of the sale under that section is provided on or after
the effective date of this Act. A sale in which notice of the sale
is provided before the effective date of this Act is subject to the
law in effect immediately before that date, and that law is
continued in effect for that purpose.
SECTION 5. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2013.
(b) Subsection (r), Section 34.01, Tax Code, as amended by
this Act, takes effect January 1, 2014.
* * * * *