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H.B. No. 335
AN ACT
relating to the public sale of certain real property; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 34, Civil Practice and
Remedies Code, is amended by adding Section 34.0445 to read as
follows:
Sec. 34.0445. PERSONS ELIGIBLE TO PURCHASE REAL PROPERTY.
(a) An officer conducting a sale of real property under this
subchapter may not execute or deliver a deed to the purchaser of the
property unless the purchaser exhibits to the officer an unexpired
written statement issued to the person in the manner prescribed by
Section 34.015, Tax Code, showing that the county
assessor-collector of the county in which the sale is conducted has
determined that:
(1) there are no delinquent ad valorem taxes owed by
the person to that county; and
(2) for each school district or municipality having
territory in the county there are no known or reported delinquent ad
valorem taxes owed by the person to that school district or
municipality.
(b) An individual may not bid on or purchase the property in
the name of any other individual. An officer conducting a sale
under this subchapter may not execute a deed in the name of or
deliver a deed to any person other than the person who was the
successful bidder.
(c) The deed executed by the officer conducting the sale
must name the successful bidder as the grantee and recite that the
successful bidder exhibited to that officer an unexpired written
statement issued to the person in the manner prescribed by Section
34.015, Tax Code, showing that the county assessor-collector of the
county in which the sale was conducted determined that:
(1) there are no delinquent ad valorem taxes owed by
the person to that county; and
(2) for each school district or municipality having
territory in the county there are no known or reported delinquent ad
valorem taxes owed by the person to that school district or
municipality.
(d) If a deed contains the recital required by Subsection
(c), it is conclusively presumed that this section was complied
with.
(e) A person who knowingly violates this section commits an
offense. An offense under this subsection is a Class B misdemeanor.
(f) To the extent of a conflict between this section and any
other law, this section controls.
SECTION 2. Subchapter A, Chapter 34, Tax Code, is amended by
adding Section 34.015 to read as follows:
Sec. 34.015. PERSONS ELIGIBLE TO PURCHASE REAL PROPERTY.
(a) In this section, "person" does not include a taxing unit or an
individual acting on behalf of a taxing unit.
(b) An officer conducting a sale of real property under
Section 34.01 may not execute a deed in the name of or deliver a deed
to any person other than the person who was the successful bidder.
The officer may not execute or deliver a deed to the purchaser of
the property unless the purchaser exhibits to the officer an
unexpired written statement issued under this section to the person
by the county assessor-collector of the county in which the sale is
conducted showing that:
(1) there are no delinquent taxes owed by the person to
that county; and
(2) for each school district or municipality having
territory in the county there are no known or reported delinquent ad
valorem taxes owed by the person to that school district or
municipality.
(c) On the written request of any person, a county
assessor-collector shall issue a written statement stating whether
there are any delinquent taxes owed by the person to that county or
to a school district or municipality having territory in that
county. A request for the issuance of a statement by the county
assessor-collector under this subsection must:
(1) sufficiently identify any property subject to
taxation by the county or by a school district or municipality
having territory in the county, regardless of whether the property
is located in the county, that the person owns or formerly owned so
that the county assessor-collector and the collector for each
school district or municipality having territory in the county may
determine whether the property is included on a current or a
cumulative delinquent tax roll for the county, the school district,
or the municipality under Section 33.03;
(2) specify the address to which the county
assessor-collector should send the statement;
(3) include any additional information reasonably
required by the county assessor-collector; and
(4) be sworn to and signed by the person requesting the
statement.
(d) On receipt of a request under Subsection (c), the county
assessor-collector shall send to the collector for each school
district and municipality having territory in the county, other
than a school district or municipality for which the county
assessor-collector is the collector, a request for information as
to whether there are any delinquent taxes owed by the person to that
school district or municipality. The county assessor-collector
shall specify the date by which the collector must respond to the
request.
(e) If the county assessor-collector determines that there
are delinquent taxes owed to the county, the county
assessor-collector shall include in the statement issued under
Subsection (c) the amount of delinquent taxes owed by the person to
that county. If the county assessor-collector is the collector for
a school district or municipality having territory in the county
and the county assessor-collector determines that there are
delinquent ad valorem taxes owed by the person to the school
district or municipality, the assessor-collector shall include in
the statement issued under Subsection (c) the amount of delinquent
taxes owed by the person to that school district or municipality.
(f) If the county assessor-collector receives a response
from the collector for a school district or municipality having
territory in the county indicating that there are delinquent taxes
owed to that school district or municipality on the person's
current or former property for which the person is personally
liable, the county assessor-collector shall include in the
statement issued under Subsection (c):
(1) the amount of delinquent taxes owed by the person
to that school district or municipality; and
(2) the name and address of the collector for that
school district or municipality.
(g) If the county assessor-collector determines that there
are no delinquent taxes owed by the person to the county or to a
school district or municipality for which the county
assessor-collector is the collector, the county assessor-collector
shall indicate in the statement issued under Subsection (c) that
there are no delinquent ad valorem taxes owed by the person to the
county or to the school district or municipality.
(h) If the county assessor-collector receives a response
from the collector for any school district or municipality having
territory in that county indicating that there are no delinquent ad
valorem taxes owed by the person to that school district or
municipality, the county assessor-collector shall indicate in the
statement issued under Subsection (c) that there are no delinquent
ad valorem taxes owed by the person to that school district or
municipality.
(i) If the county assessor-collector does not receive a
response from the collector for any school district or municipality
to whom the county assessor-collector sent a request under
Subsection (d) as to whether there are delinquent taxes on the
person's current or former property owed by the person to that
school district or municipality, the county assessor-collector
shall indicate in the statement issued under Subsection (c) that
there are no reported delinquent taxes owed by the person to that
school district or municipality.
(j) To cover the costs associated with the issuance of
statements under Subsection (c), a county assessor-collector may
charge the person requesting a statement a fee not to exceed $10 for
each statement requested.
(k) A statement under Subsection (c) must be issued in the
name of the requestor, bear the requestor's name, include the dates
of issuance and expiration, and be eligible for recording under
Section 12.001(b), Property Code. A statement expires on the 90th
day after the date of issuance.
(l) The deed executed by the officer conducting the sale
must name the successful bidder as the grantee and recite that the
successful bidder exhibited to that officer an unexpired written
statement issued to the person in the manner prescribed by this
section, showing that the county assessor-collector of the county
in which the sale was conducted determined that:
(1) there are no delinquent ad valorem taxes owed by
the person to that county; and
(2) for each school district or municipality having
territory in the county there are no known or reported delinquent ad
valorem taxes owed by the person to that school district or
municipality.
(m) If a deed contains the recital required by Subsection
(l), it is conclusively presumed that this section was complied
with.
(n) A person who knowingly violates this section commits an
offense. An offense under this subsection is a Class B misdemeanor.
(o) To the extent of a conflict between this section and any
other law, this section controls.
SECTION 3. This Act takes effect September 1, 2003. The
change in law made by this Act applies only to a public sale of real
property conducted on or after October 1, 2003. A public sale of
real property conducted before October 1, 2003, is governed by the
law in effect on the date the sale was conducted, and the former law
is continued in effect for that purpose.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 335 was passed by the House on April
24, 2003, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 335 on May 28, 2003, and requested the
appointment of a conference committee to consider the differences
between the two houses; and that the House adopted the conference
committee report on H.B. No. 335 on June 1, 2003, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 335 was passed by the Senate, with
amendments, on May 26, 2003, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 335 on June 1, 2003, by
a viva-voce vote.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor