83R21695 TJS-F
By: Taylor S.B. No. 723
(J. Davis of Harris)
Substitute the following for S.B. No. 723: No.
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
as determined by the commissioners court 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 designation by a commissioners court under this
section is not a ground for challenging or invalidating any sale.
Except for a sale under Subsection (a), a sale must be held at an
area designated under this subsection if the sale is held on or
after the 90th day after the date the designation is recorded. The
commissioners court may by order authorize a county official or
employee to identify separate locations within the designated area
for the conduct of sales under this section and for the conduct of
sales by peace officers under other laws.
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 as determined by the
commissioners court 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
designation by a commissioners court under this section is not a
ground for challenging or invalidating any sale. A sale must [may
not] be held at an area designated under this subsection if the sale
is held on or after [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. Subsection (r), Section 34.01, Tax Code, is
amended 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 as determined by the commissioners court 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 designation by a commissioners court under this
section is not a ground for challenging or invalidating any sale. A
sale must be held at an area designated under this subsection if the
sale is held on or after 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].
SECTION 4. This Act takes effect October 1, 2013.