Texas 2015 - 84th Regular

Texas House Bill HB3951 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Huberty (Senate Sponsor - Bettencourt) H.B. No. 3951
2		-	(In the Senate - Received from the House May 18, 2015;
3		-	May 18, 2015, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 24, 2015, reported favorably by
5		-	the following vote: Yeas 6, Nays 0; May 24, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 3951
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the eligibility of persons to participate in an ad
12	6		valorem tax sale of real property; creating a criminal offense.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Subchapter A, Chapter 34, Tax Code, is amended by
15	9		adding Section 34.011 to read as follows:
16	10		Sec. 34.011. BIDDER REGISTRATION. (a) This section
17	11		applies only to a sale of real property under this chapter conducted
18	12		in a county in which the commissioners court by order has adopted
19	13		the provisions of this section.
20	14		(b) A commissioners court may require that, to be eligible
21	15		to bid at a sale of real property under this chapter, a person must
22	16		be registered as a bidder with the county assessor-collector before
23	17		the sale begins. The county assessor-collector may adopt rules
24	18		governing the registration of bidders under this section. The
25	19		county assessor-collector may require a person registering as a
26	20		bidder:
27	21		(1) to designate the person's name and address;
28	22		(2) to provide valid proof of identification;
29	23		(3) to provide written proof of authority to bid on
30	24		behalf of another person, if applicable;
31	25		(4) to provide any additional information reasonably
32	26		required by the county assessor-collector; and
33	27		(5) to at least annually execute a statement on a form
34	28		provided by the county assessor-collector certifying that there are
35	29		no delinquent ad valorem taxes owed by the person registering as a
36	30		bidder to the county or to any taxing unit having territory in the
37	31		county.
38	32		(c) The county assessor-collector shall issue a written
39	33		registration statement to a person who has registered as a bidder
40	34		under this section. A person is not eligible to bid at a sale of real
41	35		property under this chapter unless the county assessor-collector
42	36		has issued a written registration statement to the person before
43	37		the sale begins.
44	38		SECTION 2. Section 34.015(p), Tax Code, is amended to read
45	39		as follows:
46	40		(p) This section applies only to a sale of real property
47	41		under Section 34.01 that is conducted in:
48	42		(1) a county with a population of 250,000 or more in
49	43		which the commissioners court has not by order adopted the
50	44		provisions of Section 34.011; or
51	45		(2) a county with a population of less than 250,000 in
52	46		which the commissioners court by order has adopted the provisions
53	47		of this section.
54	48		SECTION 3. Sections 34.0445(a) and (c), Civil Practice and
55	49		Remedies Code, are amended to read as follows:
56	50		(a) An officer conducting a sale of real property under this
57	51		subchapter may not execute or deliver a deed to the purchaser of the
58	52		property unless the purchaser exhibits to the officer:
59	53		(1) an unexpired written statement issued to the
60	54		person in the manner prescribed by Section 34.015, Tax Code,
61	55		showing that the county assessor-collector of the county in which
62	56		the sale is conducted has determined that:
63	57		(A) [(1)] there are no delinquent ad valorem
64	58		taxes owed by the person to that county; and
65	59		(B) [(2)] for each school district or
66	60		municipality having territory in the county there are no known or
67	61		reported delinquent ad valorem taxes owed by the person to that
68	62		school district or municipality; or
69	63		(2) the written registration statement issued to the
70	64		person in the manner prescribed by Section 34.011, Tax Code,
71	65		showing that the person is a registered bidder at the sale at which
72	66		the property is sold.
73	67		(c) The deed executed by the officer conducting the sale
74	68		must name the successful bidder as the grantee and recite that the
75	69		successful bidder exhibited to that officer:
76	70		(1) an unexpired written statement issued to the
77	71		person in the manner prescribed by Section 34.015, Tax Code,
78	72		showing that the county assessor-collector of the county in which
79	73		the sale was conducted determined that:
80	74		(A) [(1)] there are no delinquent ad valorem
81	75		taxes owed by the person to that county; and
82	76		(B) [(2)] for each school district or
83	77		municipality having territory in the county there are no known or
84	78		reported delinquent ad valorem taxes owed by the person to that
85	79		school district or municipality; or
86	80		(2) the written registration statement issued to the
87	81		person in the manner prescribed by Section 34.011, Tax Code,
88	82		showing that the person is a registered bidder at the sale at which
89	83		the property is sold.
90	84		SECTION 4. The changes in law made by this Act apply only to
91	85		the sale of real property under Subchapter C, Chapter 34, Civil
92	86		Practice and Remedies Code, or Chapter 34, Tax Code, on or after the
93	87		effective date of this Act.
94	88		SECTION 5. This Act takes effect January 1, 2016.
95		-	* * * * *
	89	+	______________________________ ______________________________
	90	+	President of the Senate Speaker of the House
	91	+	I certify that H.B. No. 3951 was passed by the House on May
	92	+	15, 2015, by the following vote: Yeas 137, Nays 2, 2 present, not
	93	+	voting.
	94	+	______________________________
	95	+	Chief Clerk of the House
	96	+	I certify that H.B. No. 3951 was passed by the Senate on May
	97	+	27, 2015, by the following vote: Yeas 31, Nays 0.
	98	+	______________________________
	99	+	Secretary of the Senate
	100	+	APPROVED: _____________________
	101	+	Date
	102	+	_____________________
	103	+	Governor