85R10757 SMT-F
By: Huberty H.B. No. 3311
A BILL TO BE ENTITLED
AN ACT
relating to the date and time for the public sale of real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 34.041, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 34.041. SALE AT PLACE OTHER THAN COURTHOUSE DOOR; DATE
AND TIME OF SALE.
SECTION 2. Section 34.041, Civil Practice and Remedies
Code, is amended by adding Subsection (c) to read as follows:
(c) A sale of real property under this subchapter must take
place between 10 a.m. and 4 p.m. on the first Tuesday of a month or,
if the first Tuesday of a month is a federal, state, or local
holiday, between 10 a.m. and 4 p.m. on the following business day.
Notwithstanding Section 22.004, Government Code, the supreme court
may not amend or adopt rules in conflict with this subsection.
SECTION 3. Section 51.002, Property Code, is amended by
amending Subsection (a) and adding Subsection (j) to read as
follows:
(a) Except as provided by Subsection (j), a [A] sale of real
property under a power of sale conferred by a deed of trust or other
contract lien must be a public sale at auction held between 10 a.m.
and 4 p.m. of the first Tuesday of a month. Except as provided by
Subsection (h), the sale must take place at the county courthouse in
the county in which the land is located, or if the property is
located in more than one county, the sale may be made at the
courthouse in any county in which the property is located. The
commissioners court shall designate the area at the courthouse
where the sales are to take place and shall record the designation
in the real property records of the county. The sale must occur in
the designated area. If no area is designated by the commissioners
court, the notice of sale must designate the area where the sale
covered by that notice is to take place, and the sale must occur in
that area.
(j) If the first Tuesday of a month is a federal, state, or
local holiday, a sale of real property under this section must be
held between 10 a.m. and 4 p.m. on the following business day.
SECTION 4. Section 34.01, Tax Code, is amended by adding
Subsection (r-1) to read as follows:
(r-1) A sale of real property under this section, including
a sale conducted by means of a public auction using online bidding
and sale under Subsection (a-1), must take place between 10 a.m. and
4 p.m. on the first Tuesday of a month or, if the first Tuesday of a
month is a federal, state, or local holiday, between 10 a.m. and 4
p.m. on the following business day.
SECTION 5. Section 34.07(f), Tax Code, is amended to read as
follows:
(f) A suit filed against the taxing units under Subsection
(d) may not be maintained unless the action is instituted before the
first anniversary of the date of sale or resale. In this subsection:
(1) "Date of sale" means the date [first Tuesday of the
month] on which the sheriff or constable conducted the sale of the
property under Section 34.01.
(2) "Date of resale" means the date on which the
grantor's acknowledgment was taken or, in the case of multiple
grantors, the latest date of acknowledgment by the grantors as
shown in the deed.
SECTION 6. 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, Section 51.002, Property Code, or
Section 34.01, Tax Code, for which notice is given on or after the
effective date of this Act.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.