By Siebert H.B. No. 1651 75R3809 JD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the resale of property sold to a taxing unit pursuant 1-3 to foreclosure of an ad valorem tax lien. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 34.05(d), Tax Code, is amended to read as 1-6 follows: 1-7 (d) Except as provided by this subsection, all public sales 1-8 requested as provided by Subsection (c) of this section shall be 1-9 conducted in the manner prescribed by the Rules of Civil Procedure 1-10 for the sale of property under execution. The notice of the sale 1-11 must contain a description of the property to be sold, which must 1-12 be a legal description in the case of real property, the number and 1-13 style of the suit under which the property was sold at the tax 1-14 foreclosure sale, and the date of the tax foreclosure sale. If the 1-15 commissioners court of a county by order specifies the date or time 1-16 at which or location in the county where a public sale requested 1-17 under Subsection (c) shall be conducted, the sale shall be 1-18 conducted on the date and at the time and location specified in the 1-19 order. The officer conducting the sale shall reject any bid for 1-20 the property if it is his judgment that the amount bid is 1-21 insufficient. If all bids are insufficient, the property shall be 1-22 readvertised and offered for sale again. The acceptance of a bid 1-23 by the officer conducting the sale is conclusive and binding on the 1-24 question of its sufficiency. An action to set aside the sale on 2-1 the grounds that the bid is insufficient may not be sustained in 2-2 court, except that a taxing unit that participates in distribution 2-3 of proceeds of the sale may file an action within one year after 2-4 the date of the sale to set aside the sale on the grounds of fraud 2-5 or collusion between the officer making the sale and the purchaser. 2-6 SECTION 2. This Act takes effect September 1, 1997, and 2-7 applies only to a public sale requested by a taxing unit on or 2-8 after that date. 2-9 SECTION 3. The importance of this legislation and the 2-10 crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended.