Texas House Bill HB3311

Texas 2017 - 85th Regular

Caption

Relating to the date and time for the public sale of real property.

Impact

The proposed changes in HB3311 could significantly affect how foreclosures are handled, as they regulate when and where sales can occur. By setting strict parameters for auction timings, the bill seeks to create a uniform experience across various counties in Texas. This uniformity could protect both buyers and sellers by ensuring that sales adhere to a predictable schedule. Additionally, online bidding methods are included under this regulation, reflecting a shift towards more modern practices in property sales.

Summary

House Bill 3311 focuses on establishing specific regulations concerning the sale of real property in Texas, particularly relating to the timing and location of such sales. The bill amends existing sections of the Civil Practice and Remedies Code and the Property Code to explicitly state that public sales of real property must occur between 10 a.m. and 4 p.m. on the first Tuesday of each month. Moreover, if this Tuesday falls on a federal, state, or local holiday, the sale is mandated to occur on the following business day. Such clear guidelines aim to bring consistency to the public auction process for real property in the state.

Contention

Notably, while the bill aims to streamline the auction process, some stakeholders may raise concerns about the implications for property owners facing foreclosure. Critics might argue that mandating specific times and locations for sales could limit flexibility and accessibility for potential buyers or lead to confusion about the auction process. Furthermore, the reaffirmation that the Texas Supreme Court cannot change these stipulations demonstrates an effort to ensure that the legislative intent is preserved and potentially limits judicial discretion in this domain.