Texas 2019 - 86th Regular

Texas House Bill HB1652 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1652
	1	+	By: Huberty (Senate Sponsor - Bettencourt) H.B. No. 1652
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on Property
	4	+	Tax; May 13, 2019, reported favorably by the following vote:
	5	+	Yeas 5, Nays 0; May 13, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the public resale by means of a public auction using
6	12		online bidding and sale of property purchased by a taxing unit at an
7	13		ad valorem tax sale.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 34.05(d), Tax Code, is amended to read as
10	16		follows:
11	17		(d) Except as provided by this subsection, all public sales
12	18		requested as provided by Subsection (c) must [shall] be conducted
13	19		in the manner prescribed by the Texas Rules of Civil Procedure for
14	20		the sale of property under execution or, if directed by the
15	21		commissioners court of the county, in accordance with Section
16	22		34.01(a-1) and the rules adopted under that section providing for
17	23		public auction using online bidding and sale. The notice of the sale
18	24		must contain a description of the property to be sold, the number
19	25		and style of the suit under which the property was sold at the tax
20	26		foreclosure sale, and the date of the tax foreclosure sale. The
21	27		description of the property in the notice is sufficient if it is
22	28		stated in the manner provided by Section 34.01(f). If the
23	29		commissioners court of a county by order specifies the date or time
24	30		at which or location in the county where a public sale requested
25	31		under Subsection (c) shall be conducted, the sale shall be
26	32		conducted on the date and at the time and location specified in the
27	33		order. The acceptance of a bid by the officer conducting the sale is
28	34		conclusive and binding on the question of its sufficiency. An
29	35		action to set aside the sale on the grounds that the bid is
30	36		insufficient may not be sustained in court, except that a taxing
31	37		unit that participates in distribution of proceeds of the sale may
32	38		file an action before the first anniversary of the date of the sale
33	39		to set aside the sale on the grounds of fraud or collusion between
34	40		the officer making the sale and the purchaser. On conclusion of the
35	41		sale, the officer making the sale shall prepare a deed to the
36	42		purchaser. The taxing unit that requested the sale may elect to
37	43		prepare a deed for execution by the officer. If the taxing unit
38	44		prepares the deed, the officer shall execute that deed. An officer
39	45		who executes a deed prepared by the taxing unit is not responsible
40	46		or liable for any inconsistency, error, or other defect in the form
41	47		of the deed. As soon as practicable after a deed is executed by the
42	48		officer, the officer shall either file the deed for recording with
43	49		the county clerk or deliver the executed deed to the taxing unit
44	50		that requested the sale, which shall file the deed for recording
45	51		with the county clerk. The county clerk shall file and record each
46	52		deed under this subsection and after recording shall return the
47	53		deed to the grantee.
48	54		SECTION 2. This Act takes effect immediately if it receives
49	55		a vote of two-thirds of all the members elected to each house, as
50	56		provided by Section 39, Article III, Texas Constitution. If this
51	57		Act does not receive the vote necessary for immediate effect, this
52	58		Act takes effect September 1, 2019.
53		-	______________________________ ______________________________
54		-	President of the Senate Speaker of the House
55		-	I certify that H.B. No. 1652 was passed by the House on May 3,
56		-	2019, by the following vote: Yeas 136, Nays 4, 2 present, not
57		-	voting.
58		-	______________________________
59		-	Chief Clerk of the House
60		-	I certify that H.B. No. 1652 was passed by the Senate on May
61		-	21, 2019, by the following vote: Yeas 31, Nays 0.
62		-	______________________________
63		-	Secretary of the Senate
64		-	APPROVED: _____________________
65		-	Date
66		-	_____________________
67		-	Governor
	59	+	* * * * *