88R2881 AJA-F
By: Bettencourt S.B. No. 2067
A BILL TO BE ENTITLED
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 Subsection (a-1) 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 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.
(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.