| 1 | 1 | | 85R10757 SMT-F |
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| 2 | 2 | | By: Huberty H.B. No. 3311 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the date and time for the public sale of real property. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. The heading to Section 34.041, Civil Practice |
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| 10 | 10 | | and Remedies Code, is amended to read as follows: |
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| 11 | 11 | | Sec. 34.041. SALE AT PLACE OTHER THAN COURTHOUSE DOOR; DATE |
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| 12 | 12 | | AND TIME OF SALE. |
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| 13 | 13 | | SECTION 2. Section 34.041, Civil Practice and Remedies |
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| 14 | 14 | | Code, is amended by adding Subsection (c) to read as follows: |
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| 15 | 15 | | (c) A sale of real property under this subchapter must take |
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| 16 | 16 | | place between 10 a.m. and 4 p.m. on the first Tuesday of a month or, |
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| 17 | 17 | | if the first Tuesday of a month is a federal, state, or local |
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| 18 | 18 | | holiday, between 10 a.m. and 4 p.m. on the following business day. |
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| 19 | 19 | | Notwithstanding Section 22.004, Government Code, the supreme court |
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| 20 | 20 | | may not amend or adopt rules in conflict with this subsection. |
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| 21 | 21 | | SECTION 3. Section 51.002, Property Code, is amended by |
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| 22 | 22 | | amending Subsection (a) and adding Subsection (j) to read as |
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| 23 | 23 | | follows: |
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| 24 | 24 | | (a) Except as provided by Subsection (j), a [A] sale of real |
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| 25 | 25 | | property under a power of sale conferred by a deed of trust or other |
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| 26 | 26 | | contract lien must be a public sale at auction held between 10 a.m. |
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| 27 | 27 | | and 4 p.m. of the first Tuesday of a month. Except as provided by |
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| 28 | 28 | | Subsection (h), the sale must take place at the county courthouse in |
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| 29 | 29 | | the county in which the land is located, or if the property is |
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| 30 | 30 | | located in more than one county, the sale may be made at the |
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| 31 | 31 | | courthouse in any county in which the property is located. The |
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| 32 | 32 | | commissioners court shall designate the area at the courthouse |
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| 33 | 33 | | where the sales are to take place and shall record the designation |
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| 34 | 34 | | in the real property records of the county. The sale must occur in |
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| 35 | 35 | | the designated area. If no area is designated by the commissioners |
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| 36 | 36 | | court, the notice of sale must designate the area where the sale |
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| 37 | 37 | | covered by that notice is to take place, and the sale must occur in |
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| 38 | 38 | | that area. |
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| 39 | 39 | | (j) If the first Tuesday of a month is a federal, state, or |
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| 40 | 40 | | local holiday, a sale of real property under this section must be |
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| 41 | 41 | | held between 10 a.m. and 4 p.m. on the following business day. |
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| 42 | 42 | | SECTION 4. Section 34.01, Tax Code, is amended by adding |
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| 43 | 43 | | Subsection (r-1) to read as follows: |
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| 44 | 44 | | (r-1) A sale of real property under this section, including |
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| 45 | 45 | | a sale conducted by means of a public auction using online bidding |
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| 46 | 46 | | and sale under Subsection (a-1), must take place between 10 a.m. and |
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| 47 | 47 | | 4 p.m. on the first Tuesday of a month or, if the first Tuesday of a |
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| 48 | 48 | | month is a federal, state, or local holiday, between 10 a.m. and 4 |
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| 49 | 49 | | p.m. on the following business day. |
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| 50 | 50 | | SECTION 5. Section 34.07(f), Tax Code, is amended to read as |
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| 51 | 51 | | follows: |
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| 52 | 52 | | (f) A suit filed against the taxing units under Subsection |
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| 53 | 53 | | (d) may not be maintained unless the action is instituted before the |
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| 54 | 54 | | first anniversary of the date of sale or resale. In this subsection: |
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| 55 | 55 | | (1) "Date of sale" means the date [first Tuesday of the |
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| 56 | 56 | | month] on which the sheriff or constable conducted the sale of the |
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| 57 | 57 | | property under Section 34.01. |
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| 58 | 58 | | (2) "Date of resale" means the date on which the |
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| 59 | 59 | | grantor's acknowledgment was taken or, in the case of multiple |
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| 60 | 60 | | grantors, the latest date of acknowledgment by the grantors as |
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| 61 | 61 | | shown in the deed. |
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| 62 | 62 | | SECTION 6. The changes in law made by this Act apply only to |
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| 63 | 63 | | the sale of real property under Subchapter C, Chapter 34, Civil |
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| 64 | 64 | | Practice and Remedies Code, Section 51.002, Property Code, or |
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| 65 | 65 | | Section 34.01, Tax Code, for which notice is given on or after the |
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| 66 | 66 | | effective date of this Act. |
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| 67 | 67 | | SECTION 7. This Act takes effect immediately if it receives |
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| 68 | 68 | | a vote of two-thirds of all the members elected to each house, as |
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| 69 | 69 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 70 | 70 | | Act does not receive the vote necessary for immediate effect, this |
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| 71 | 71 | | Act takes effect September 1, 2017. |
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