This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
Amend SB 472 (house committee report) as follows:
(1) In SECTION 2 of the bill, in the recital (page 2, line 16), between "adding Subsections" and "(d-1)", insert "(b-2),
(b-3), (b-4),".
(2) In SECTION 2 of the bill, in amended Section 51.002,
Property Code (page 3, between lines 3 and 4), insert the following:
(b-2) In addition to the notice required under Subsection
(b), the county clerk of each county in which the property is
located shall provide for notice of the sale to be published in a
newspaper of general circulation in the county at least once each
week for four consecutive weeks before the date of the sale, with
the first publication appearing at least 28 days and not more than
35 days before the date of the sale. The notice must designate the
place of the sale and provide a brief description of the property
sufficient to identify the location of the property. If all or part
of the property is located in a county in which more than 90 percent
of residential properties have affordable access to electronic
publishing media obtained by broadband technology or the
equivalent, the notice must also be posted on the newspaper's
Internet website. This subsection does not prohibit a newspaper in
a county that does not satisfy that criteria from posting the notice
on the newspaper's Internet website or prohibit the county clerk
from requesting such a posting, if the published notice is
published as the notice of record. The form of the notice must be
substantially similar to the following:
NOTICE OF SALE: FORECLOSED PROPERTY
On the _____ day of _____, 20___, a foreclosure proceeding was
issued on a deed of trust against said lienholder(s), as shown
below, by filing a foreclosure proceeding with the county clerk of
_______ County, Texas, as prescribed by law on the following
property located in __________ County, Texas, which said lienholder
_____ (lienholder's name) ought to pay. The lienholder(s) and all
interested parties are hereby given notice that a foreclosure
auction on said property will be conducted on ___________
(month/day/year), between the hours of 10 a.m. and 4 p.m. at the
_____________ (name of facility, with city, state, and zip code).
(Name of mortgage holder, representative, telephone number, and
address, including city, state, zip code, and any e-mail address).
(b-3) The newspaper in which the notice is published under
Subsection (b-2) must hold a second class periodicals mailing
permit and be published regularly and continuously in a county in
which the property is located. The cost of the notice required under
Subsection (b-2) may not exceed the lowest classified rate paid by
users for comparable space in the newspaper in which the public
notice appears, including all cash discounts, multiple insertion
discounts, and similar benefits extended to the newspaper's regular
customers. A newspaper that publishes the notice shall submit a
bill for publication with a clipping of the published notice and
verified statement of the publisher that:
(1) states the charge;
(2) certifies that the rate charged is the newspaper's
lowest published rate for classified advertising; and
(3) certifies the number and dates of the publication.
(b-4) Not later than the 25th day following the date of the
sale of real property under this section, the lender or the lender's
attorney shall execute and file with the county clerk of each county
in which the property is located an affidavit that includes the
publisher's affidavit required under Subsection (b-3) and states
the facts of the sale procedure.