H.B. No. 1382
AN ACT
relating to the public sale of real property taken in execution of a
judgment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 34.041, Civil Practice and Remedies
Code, is amended by adding Subsections (a-1) and (a-2) and amending
Subsection (b) to read as follows:
(a-1) The commissioners court of a county by official action
may authorize the officer charged with conducting a public sale of
real property taken in execution of a judgment to conduct a public
auction using online bidding and sale. The commissioners court may
adopt rules governing online auctions authorized under this
subsection. Rules adopted by the commissioners court under this
subsection take effect on the 90th day after the date the rules are
published in the real property records of the county.
(a-2) Subsection (a-1) does not apply to a sale of real
property conducted under Section 51.002, Property Code.
(b) The commissioners court of a county may designate an
area other than an area at the county courthouse where public sales
of real property under this chapter will take place that is in a
public place within a reasonable proximity of the county courthouse
as determined by the commissioners court and in a location as
accessible to the public as the courthouse door. The commissioners
court shall record that designation in the real property records of
the county. A designation by a commissioners court under this
section is not a ground for challenging or invalidating any
sale. Except for a sale conducted under Subsection (a) or (a-1), a
sale must be held at an area designated under this subsection if the
sale is held on or after the 90th day after the date the designation
is recorded. The commissioners court may by order authorize a
county official or employee to identify separate locations within
the designated area for the conduct of sales under this section and
for the conduct of sales by peace officers under other laws.
SECTION 2. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1382 was passed by the House on April
11, 2023, by the following vote: Yeas 143, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1382 was passed by the Senate on May
15, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor