| 1 | 1 | | 88R2881 AJA-F |
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| 2 | 2 | | By: Bettencourt S.B. No. 2067 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the public sale of real property taken in execution of a |
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| 8 | 8 | | judgment. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 34.041, Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended by adding Subsection (a-1) and amending Subsection |
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| 12 | 12 | | (b) to read as follows: |
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| 13 | 13 | | (a-1) The commissioners court of a county by official action |
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| 14 | 14 | | may authorize the officer charged with conducting a public sale of |
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| 15 | 15 | | real property taken in execution to conduct a public auction using |
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| 16 | 16 | | online bidding and sale. The commissioners court may adopt rules |
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| 17 | 17 | | governing online auctions authorized under this subsection. Rules |
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| 18 | 18 | | adopted by the commissioners court under this subsection take |
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| 19 | 19 | | effect on the 90th day after the date the rules are published in the |
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| 20 | 20 | | real property records of the county. |
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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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