By: Huberty (Senate Sponsor - Bettencourt) H.B. No. 3951
(In the Senate - Received from the House May 18, 2015;
May 18, 2015, read first time and referred to Committee on
Intergovernmental Relations; May 24, 2015, reported favorably by
the following vote: Yeas 6, Nays 0; May 24, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of persons to participate in an ad
valorem tax sale of real property; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 34, Tax Code, is amended by
adding Section 34.011 to read as follows:
Sec. 34.011. BIDDER REGISTRATION. (a) This section
applies only to a sale of real property under this chapter conducted
in a county in which the commissioners court by order has adopted
the provisions of this section.
(b) A commissioners court may require that, to be eligible
to bid at a sale of real property under this chapter, a person must
be registered as a bidder with the county assessor-collector before
the sale begins. The county assessor-collector may adopt rules
governing the registration of bidders under this section. The
county assessor-collector may require a person registering as a
bidder:
(1) to designate the person's name and address;
(2) to provide valid proof of identification;
(3) to provide written proof of authority to bid on
behalf of another person, if applicable;
(4) to provide any additional information reasonably
required by the county assessor-collector; and
(5) to at least annually execute a statement on a form
provided by the county assessor-collector certifying that there are
no delinquent ad valorem taxes owed by the person registering as a
bidder to the county or to any taxing unit having territory in the
county.
(c) The county assessor-collector shall issue a written
registration statement to a person who has registered as a bidder
under this section. A person is not eligible to bid at a sale of real
property under this chapter unless the county assessor-collector
has issued a written registration statement to the person before
the sale begins.
SECTION 2. Section 34.015(p), Tax Code, is amended to read
as follows:
(p) This section applies only to a sale of real property
under Section 34.01 that is conducted in:
(1) a county with a population of 250,000 or more in
which the commissioners court has not by order adopted the
provisions of Section 34.011; or
(2) a county with a population of less than 250,000 in
which the commissioners court by order has adopted the provisions
of this section.
SECTION 3. 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; or
(2) the written registration statement issued to the
person in the manner prescribed by Section 34.011, Tax Code,
showing that the person is a registered bidder at the sale at which
the property is sold.
(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; or
(2) the written registration statement issued to the
person in the manner prescribed by Section 34.011, Tax Code,
showing that the person is a registered bidder at the sale at which
the property is sold.
SECTION 4. The changes in law made by this Act apply only to
the sale of real property under Subchapter C, Chapter 34, Civil
Practice and Remedies Code, or Chapter 34, Tax Code, on or after the
effective date of this Act.
SECTION 5. This Act takes effect January 1, 2016.
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