| 1 | 1 | | H.B. No. 1382 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the public sale of real property taken in execution of a |
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| 6 | 6 | | judgment. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 34.041, Civil Practice and Remedies |
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| 9 | 9 | | Code, is amended by adding Subsections (a-1) and (a-2) and amending |
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| 10 | 10 | | Subsection (b) to read as follows: |
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| 11 | 11 | | (a-1) The commissioners court of a county by official action |
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| 12 | 12 | | may authorize the officer charged with conducting a public sale of |
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| 13 | 13 | | real property taken in execution of a judgment to conduct a public |
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| 14 | 14 | | auction using online bidding and sale. The commissioners court may |
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| 15 | 15 | | adopt rules governing online auctions authorized under this |
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| 16 | 16 | | subsection. Rules adopted by the commissioners court under this |
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| 17 | 17 | | subsection take effect on the 90th day after the date the rules are |
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| 18 | 18 | | published in the real property records of the county. |
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| 19 | 19 | | (a-2) Subsection (a-1) does not apply to a sale of real |
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| 20 | 20 | | property conducted under Section 51.002, Property Code. |
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| 21 | 21 | | (b) The commissioners court of a county may designate an |
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| 22 | 22 | | area other than an area at the county courthouse where public sales |
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| 23 | 23 | | of real property under this chapter will take place that is in a |
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| 24 | 24 | | public place within a reasonable proximity of the county courthouse |
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| 25 | 25 | | as determined by the commissioners court and in a location as |
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| 26 | 26 | | accessible to the public as the courthouse door. The commissioners |
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| 27 | 27 | | court shall record that designation in the real property records of |
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| 28 | 28 | | the county. A designation by a commissioners court under this |
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| 29 | 29 | | section is not a ground for challenging or invalidating any |
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| 30 | 30 | | sale. Except for a sale conducted under Subsection (a) or (a-1), a |
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| 31 | 31 | | sale must be held at an area designated under this subsection if the |
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| 32 | 32 | | sale is held on or after the 90th day after the date the designation |
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| 33 | 33 | | is recorded. The commissioners court may by order authorize a |
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| 34 | 34 | | county official or employee to identify separate locations within |
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| 35 | 35 | | the designated area for the conduct of sales under this section and |
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| 36 | 36 | | for the conduct of sales by peace officers under other laws. |
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| 37 | 37 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 38 | 38 | | ______________________________ ______________________________ |
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| 39 | 39 | | President of the Senate Speaker of the House |
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| 40 | 40 | | I certify that H.B. No. 1382 was passed by the House on April |
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| 41 | 41 | | 11, 2023, by the following vote: Yeas 143, Nays 0, 1 present, not |
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| 42 | 42 | | voting. |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Chief Clerk of the House |
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| 45 | 45 | | I certify that H.B. No. 1382 was passed by the Senate on May |
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| 46 | 46 | | 15, 2023, by the following vote: Yeas 31, Nays 0. |
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| 47 | 47 | | ______________________________ |
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| 48 | 48 | | Secretary of the Senate |
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| 49 | 49 | | APPROVED: _____________________ |
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| 50 | 50 | | Date |
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| 51 | 51 | | _____________________ |
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| 52 | 52 | | Governor |
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