78R165 JD-F
By: Lindsay S.B. No. 188
A BILL TO BE ENTITLED
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 BID ON AND 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 or to
a school district having territory in that county.
(b) An individual may not bid on or purchase the property in
the name of any other individual.
(c) An officer conducting a sale under this subchapter may
not accept a bid from, execute a deed to, or deliver a deed 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 or
to a school district having territory in that county. The officer
conducting the sale 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.
(d) A sale conducted or deed executed or delivered in
violation of this section is void.
(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 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 there are no delinquent taxes owed by the
person to that county or to a school district having territory in
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 taxes owed by the person to that county or
to a school district 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 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
having territory in the county may determine whether the property
is included on a current or a cumulative delinquent tax roll for the
county or the school district 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 having territory in the county a request for information
as to whether there are any delinquent taxes owed by the person to
that school district. 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 for which the person is
personally liable or receives information from the collector for a
school district having territory in the county indicating that
there are delinquent taxes owed to that school district 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 by the person to that county or to the school district
and the name and address of the collector for that school district.
(f) If the county assessor-collector does not receive a
response from the collector for any school district 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, the
county assessor-collector shall indicate in the statement issued
under Subsection (c) that the county assessor-collector is unable
to certify that there are no delinquent taxes owed by the person to
that school district and include the name and address of the
collector for that school district.
(g) 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.
(h) 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.
(i) An individual may not bid on or purchase the property in
the name of any other individual.
(j) An officer conducting a tax sale under Section 34.01 may
not accept a bid from, execute a deed to, or deliver a deed 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 of the county in which the sale is
conducted has determined that there are no delinquent taxes owed by
the person to that county or to a school district having territory
in that county. The officer conducting the sale 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.
(k) A sale conducted or deed executed or delivered in
violation of this section is void.
(l) A person who knowingly violates this section commits an
offense. An offense under this subsection is a Class B misdemeanor.
(m) 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 September 1, 2003. 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.