1-1 By: Siebert (Senate Sponsor - Wentworth) H.B. No. 1651 1-2 (In the Senate - Received from the House April 4, 1997; 1-3 April 8, 1997, read first time and referred to Committee on 1-4 Intergovernmental Relations; April 24, 1997, reported favorably by 1-5 the following vote: Yeas 10, Nays 0; April 24, 1997, sent to 1-6 printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the resale of property sold to a taxing unit pursuant 1-10 to foreclosure of an ad valorem tax lien. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Section 34.05(d), Tax Code, is amended to read as 1-13 follows: 1-14 (d) Except as provided by this subsection, all public sales 1-15 requested as provided by Subsection (c) of this section shall be 1-16 conducted in the manner prescribed by the Rules of Civil Procedure 1-17 for the sale of property under execution. The notice of the sale 1-18 must contain a description of the property to be sold, which must 1-19 be a legal description in the case of real property, the number and 1-20 style of the suit under which the property was sold at the tax 1-21 foreclosure sale, and the date of the tax foreclosure sale. If the 1-22 commissioners court of a county by order specifies the date or time 1-23 at which or location in the county where a public sale requested 1-24 under Subsection (c) shall be conducted, the sale shall be 1-25 conducted on the date and at the time and location specified in the 1-26 order. The officer conducting the sale shall reject any bid for 1-27 the property if it is his judgment that the amount bid is 1-28 insufficient. If all bids are insufficient, the property shall be 1-29 readvertised and offered for sale again. The acceptance of a bid 1-30 by the officer conducting the sale is conclusive and binding on the 1-31 question of its sufficiency. An action to set aside the sale on 1-32 the grounds that the bid is insufficient may not be sustained in 1-33 court, except that a taxing unit that participates in distribution 1-34 of proceeds of the sale may file an action within one year after 1-35 the date of the sale to set aside the sale on the grounds of fraud 1-36 or collusion between the officer making the sale and the purchaser. 1-37 SECTION 2. This Act takes effect September 1, 1997, and 1-38 applies only to a public sale requested by a taxing unit on or 1-39 after that date. 1-40 SECTION 3. The importance of this legislation and the 1-41 crowded condition of the calendars in both houses create an 1-42 emergency and an imperative public necessity that the 1-43 constitutional rule requiring bills to be read on three several 1-44 days in each house be suspended, and this rule is hereby suspended. 1-45 * * * * *