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78R239 JD-D
By: Hamric H.B. No. 335
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of persons to participate in 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 BID ON OR PURCHASE REAL
PROPERTY. (a) To be eligible to bid on real property at a sale
under this subchapter, a person must, before the sale begins,
exhibit to the officer conducting the sale a 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 there are no
delinquent ad valorem taxes owed by the person to that county.
(b) A person may not bid on or purchase the property in the
name of any other person.
(c) An officer conducting a sale of real property under this
subchapter may not accept a bid on the property from or execute a
deed to the property to a person who, before the sale begins, does
not exhibit to the officer a 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 there are no delinquent ad valorem
taxes owed by the person to that county.
(d) A sale conducted or deed executed in violation of this
section is void.
(e) A person commits an offense if the person makes or
submits a bid on real property at a sale conducted under this
subchapter and the person does not possess a written statement
described by Subsection (a) showing that the person does not owe
delinquent ad valorem taxes to the county in which the sale is
conducted. 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 BID ON OR 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) To be eligible to bid on real property at a tax sale, a
person must, before the sale begins, exhibit to the officer
conducting the sale a written statement issued to the person by the
county assessor-collector of the county in which the sale is
conducted showing that the county assessor-collector has
determined that there are no delinquent ad valorem taxes owed by the
person to that county.
(c) On the written request of any person, a county
assessor-collector shall issue a written statement stating whether
there are any delinquent ad valorem taxes owed by the person to that
county. A request for the issuance of a statement by the county
assessor-collector under this subsection must:
(1) sufficiently identify any property in the county
that the person owns or formerly owned so that the county
assessor-collector may determine whether the property is included
on a current or a cumulative delinquent tax roll for that county
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) Not later than the fifth business day after the date the
county assessor-collector receives a request for a statement under
Subsection (c), the county assessor-collector shall issue the
statement.
(e) If there are delinquent taxes owed to the county 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) the amount of delinquent
taxes owed to the county.
(f) A county assessor-collector may charge the person
requesting a statement a fee not to exceed $10 for each statement
requested.
(g) A statement under Subsection (c) must be issued in the
name of the requestor, bear the requestor's name, and include the
dates of issuance and expiration. A statement expires on the 90th
day after the date of issuance.
(h) A person may not bid on or purchase the property in the
name of any other person.
(i) An officer conducting a tax sale of real property under
Section 34.01 may not accept a bid on the property from or execute a
deed to the property to a person who, before the sale begins, does
not exhibit to the officer a statement issued to the person under
Subsection (c) showing that the county assessor-collector for the
county in which the sale is conducted has determined that there are
no delinquent ad valorem taxes owed by the person to that county.
(j) A sale conducted or deed executed in violation of this
section is void.
(k) A person commits an offense if the person makes or
submits a bid on real property at a sale conducted under this
subchapter and the person does not possess a written statement
described by Subsection (b) showing that the person does not owe
delinquent taxes to the county in which a sale is conducted. An
offense under this subsection is a Class B misdemeanor.
(l) To the extent of a conflict between this section and any
other law, this section controls.
SECTION 3. (a) This Act takes effect September 1, 2003.
(b) Section 34.0445, Civil Practice and Remedies Code, and
Section 34.015, Tax Code, as added by this Act, apply only to a
public sale of real property conducted on or after September 1,
2003.
(c) A public sale of real property conducted before
September 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.