Texas 2015 - 84th Regular

Texas Senate Bill SB1981 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Bettencourt S.B. No. 1981
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the eligibility of persons to participate in an ad
7	7	valorem tax sale of real property.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 34, Tax Code, is amended by
10	10	adding Section 34.011 to read as follows:
11	11	Sec. 34.011. PERSONS ELIGIBLE TO PURCHASE REAL PROPERTY.
12	12	(a) This section applies only to a sale of real property under
13	13	Section 34.01 conducted in:
14	14	(1) a county with a population of 250,000 or more; or
15	15	(2) a county with a population of less than 250,000 in
16	16	which the commissioners court by order has adopted the provisions
17	17	of this section.
18	18	(b) In this section:
19	19	(1) "Individual" does not include an individual acting
20	20	on behalf of a taxing unit.
21	21	(2) "Person" does not include a taxing unit or an
22	22	individual acting on behalf of a taxing unit.
23	23	(c) A county assessor-collector may require that, to be
24	24	eligible to bid at a sale of real property under Section 34.01, an
25	25	individual register as a bidder with the county assessor-collector
26	26	before the sale begins. The county assessor-collector may require
27	27	the individual:
28	28	(1) to provide valid proof of identification;
29	29	(2) to provide proof that the individual is authorized
30	30	to bid for another person, if the individual may submit a bid for
31	31	the other person at the sale; and
32	32	(3) to at least annually execute a statement on a form
33	33	provided by the county assessor-collector certifying that there are
34	34	no delinquent taxes owed to the county and no delinquent ad valorem
35	35	taxes owed to any taxing unit in the county by:
36	36	(A) the individual executing the certification;
37	37	(B) the person the individual may submit a bid
38	38	for at the sale, if applicable; and
39	39	(C) each entity at least 10 percent of the
40	40	ownership interest in which is owned by the person the individual
41	41	may submit a bid for at the sale, if applicable.
42	42	(d) The county assessor-collector shall issue a written
43	43	registration statement to an individual who registers as a bidder
44	44	under this section. An individual is ineligible to submit a bid at a
45	45	sale of real property under Section 34.01 unless the county
46	46	assessor-collector has issued a written registration statement to
47	47	the individual before the sale.
48	48	(e) An officer conducting a sale of real property under
49	49	Section 34.01 is not liable to any person if the officer sells real
50	50	property to an individual who has not complied with the
51	51	requirements of this section.
52	52	SECTION 2. Sections 34.0445(a), (c), and (e), Civil
53	53	Practice and Remedies Code, are amended to read as follows:
54	54	(a) An officer conducting a sale of real property under this
55	55	subchapter may not execute or deliver a deed to the purchaser of the
56	56	property unless the purchaser or the individual submitting the
57	57	successful bid for the purchaser exhibits to the officer an
58	58	unexpired written registration statement issued to the person in
59	59	the manner prescribed by Section 34.011 [34.015], Tax Code[,
60	60	showing that the county assessor-collector of the county in which
61	61	the sale is conducted has determined that:
62	62	[(1) there are no delinquent ad valorem taxes owed by
63	63	the person to that county; and
64	64	[(2) for each school district or municipality having
65	65	territory in the county there are no known or reported delinquent ad
66	66	valorem taxes owed by the person to that school district or
67	67	municipality].
68	68	(c) The deed executed by the officer conducting the sale
69	69	must name the purchaser [successful bidder] as the grantee and
70	70	recite that the purchaser or the individual submitting the
71	71	successful bid for the purchaser [successful bidder] exhibited to
72	72	that officer an unexpired written registration statement issued to
73	73	the person in the manner prescribed by Section 34.011 [34.015], Tax
74	74	Code[, showing that the county assessor-collector of the county in
75	75	which the sale was conducted determined that:
76	76	[(1) there are no delinquent ad valorem taxes owed by
77	77	the person to that county; and
78	78	[(2) for each school district or municipality having
79	79	territory in the county there are no known or reported delinquent ad
80	80	valorem taxes owed by the person to that school district or
81	81	municipality].
82	82	SECTION 3. The following provisions are repealed:
83	83	(1) Section 34.0445(b), Civil Practice and Remedies
84	84	Code; and
85	85	(2) Section 34.015, Tax Code.
86	86	SECTION 4. The changes in law made by this Act apply only to
87	87	the sale of real property under Subchapter C, Chapter 34, Civil
88	88	Practice and Remedies Code, or Section 34.01, Tax Code, on or after
89	89	the effective date of this Act.
90	90	SECTION 5. This Act takes effect January 1, 2016.