86R7231 JES-F
By: Bettencourt S.B. No. 1361
A BILL TO BE ENTITLED
AN ACT
relating to the public resale by means of a public auction using
online bidding and sale of property purchased by a taxing unit at an
ad valorem tax sale.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 34.05(d), Tax Code, is amended to read as
follows:
(d) Except as provided by this subsection, all public sales
requested as provided by Subsection (c) must [shall] be conducted
in the manner prescribed by the Texas Rules of Civil Procedure for
the sale of property under execution or, if directed by the
commissioners court of the county, in accordance with Section
34.01(a-1) and the rules adopted under that section providing for
public auction using online bidding and sale. The notice of the sale
must contain a description of the property to be sold, the number
and style of the suit under which the property was sold at the tax
foreclosure sale, and the date of the tax foreclosure sale. The
description of the property in the notice is sufficient if it is
stated in the manner provided by Section 34.01(f). If the
commissioners court of a county by order specifies the date or time
at which or location in the county where a public sale requested
under Subsection (c) shall be conducted, the sale shall be
conducted on the date and at the time and location specified in the
order. The acceptance of a bid by the officer conducting the sale is
conclusive and binding on the question of its sufficiency. An
action to set aside the sale on the grounds that the bid is
insufficient may not be sustained in court, except that a taxing
unit that participates in distribution of proceeds of the sale may
file an action before the first anniversary of the date of the sale
to set aside the sale on the grounds of fraud or collusion between
the officer making the sale and the purchaser. On conclusion of the
sale, the officer making the sale shall prepare a deed to the
purchaser. The taxing unit that requested the sale may elect to
prepare a deed for execution by the officer. If the taxing unit
prepares the deed, the officer shall execute that deed. An officer
who executes a deed prepared by the taxing unit is not responsible
or liable for any inconsistency, error, or other defect in the form
of the deed. As soon as practicable after a deed is executed by the
officer, the officer shall either file the deed for recording with
the county clerk or deliver the executed deed to the taxing unit
that requested the sale, which shall file the deed for recording
with the county clerk. The county clerk shall file and record each
deed under this subsection and after recording shall return the
deed to the grantee.
SECTION 2. 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, 2019.