Texas 2013 - 83rd Regular

Texas Senate Bill SB723 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	83R21695 TJS-F
2	2	By: Taylor S.B. No. 723
3	3	(J. Davis of Harris)
4	4	Substitute the following for S.B. No. 723: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the location of certain public sales of real property.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 34.041, Civil Practice and Remedies
12	12	Code, is amended to read as follows:
13	13	Sec. 34.041. SALE AT PLACE OTHER THAN COURTHOUSE DOOR.
14	14	(a) If the public sale of real property [land] is required by court
15	15	order or other law to be made at a place other than the courthouse
16	16	door, sales under this chapter shall be made at the place designated
17	17	by that court order or other law.
18	18	(b) The commissioners court of a county may designate an
19	19	area other than an area at the county courthouse where public sales
20	20	of real property under this chapter will take place that is in a
21	21	public place within a reasonable proximity of the county courthouse
22	22	as determined by the commissioners court and in a location as
23	23	accessible to the public as the courthouse door. The commissioners
24	24	court shall record that designation in the real property records of
25	25	the county. A designation by a commissioners court under this
26	26	section is not a ground for challenging or invalidating any sale.
27	27	Except for a sale under Subsection (a), a sale must be held at an
28	28	area designated under this subsection if the sale is held on or
29	29	after the 90th day after the date the designation is recorded. The
30	30	commissioners court may by order authorize a county official or
31	31	employee to identify separate locations within the designated area
32	32	for the conduct of sales under this section and for the conduct of
33	33	sales by peace officers under other laws.
34	34	SECTION 2. Subsection (h), Section 51.002, Property Code,
35	35	is amended to read as follows:
36	36	(h) For the purposes of Subsection (a), the commissioners
37	37	court of a county may designate an area other than an area at the
38	38	county courthouse where public sales of real property under this
39	39	section will take place that is in a public place within a
40	40	reasonable proximity of the county courthouse as determined by the
41	41	commissioners court and in a location as accessible to the public as
42	42	the courthouse door. The commissioners court shall record that
43	43	designation in the real property records of the county. A
44	44	designation by a commissioners court under this section is not a
45	45	ground for challenging or invalidating any sale. A sale must [may
46	46	not] be held at an area designated under this subsection if the sale
47	47	is held on or after [before] the 90th day after the date the
48	48	designation is recorded. The posting of the notice required by
49	49	Subsection (b)(1) of a sale designated under this subsection to
50	50	take place at an area other than an area of the courthouse remains
51	51	at the courthouse door of the appropriate county.
52	52	SECTION 3. Subsection (r), Section 34.01, Tax Code, is
53	53	amended to read as follows:
54	54	(r) Except as provided by this subsection, a sale of real
55	55	property under this section must take place at the county
56	56	courthouse in the county in which the land is located. The
57	57	commissioners court of the county may designate an area other than
58	58	an area at [in] the county courthouse [or another location in the
59	59	county] where sales under this section will [must] take place that
60	60	is in a public place within a reasonable proximity of the county
61	61	courthouse as determined by the commissioners court and in a
62	62	location as accessible to the public as the courthouse door. The
63	63	commissioners court [and] shall record that designation [any
64	64	designated area or other location] in the real property records of
65	65	the county. A designation by a commissioners court under this
66	66	section is not a ground for challenging or invalidating any sale. A
67	67	sale must be held at an area designated under this subsection if the
68	68	sale is held on or after the 90th day after the date the designation
69	69	is recorded [If the commissioners court designates an area in the
70	70	courthouse or another location in the county for sales, a sale must
71	71	occur in that area or at that location. If the commissioners court
72	72	does not designate an area in the courthouse or another location in
73	73	the county for sales, a sale must occur in the same area in the
74	74	courthouse that is designated by the commissioners court for the
75	75	sale of real property under Section 51.002, Property Code].
76	76	SECTION 4. This Act takes effect October 1, 2013.