82R6967 ALL-D
 
  By: Oliveira H.B. No. 2205
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of persons to participate in the public
  sale of certain real property and the purchase of that property;
  providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 34.0445, Civil Practice
  and Remedies Code, is amended to read as follows:
         Sec. 34.0445.  PERSONS ELIGIBLE TO BID ON AND PURCHASE REAL
  PROPERTY.
         SECTION 2.  Section 34.0445, Civil Practice and Remedies
  Code, is amended by amending Subsections (a) and (c) and adding
  Subsections (a-1) and (b-1) to read as follows:
         (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, along
  with a tax certificate for each property tax account listed in the
  statement, 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.
         (a-1)  An officer conducting a sale of real property 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 [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,
  along with a tax certificate for each property tax account listed in
  the statement, 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-1)  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 a tax
  certificate showing that no taxes are due on the purchased property
  as required by Section 34.015(b-1), Tax Code.
         (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 a tax certificate
  showing that no taxes are due on the property purchased and that,
  before the sale began, 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, along with a tax
  certificate for each property tax account listed in the statement,
  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.
         SECTION 3.  The heading to Section 34.015, Tax Code, is
  amended to read as follows:
         Sec. 34.015.  PERSONS ELIGIBLE TO BID ON AND PURCHASE REAL
  PROPERTY.
         SECTION 4.  Section 34.015, Tax Code, is amended by adding
  Subsections (a-1) and (b-1) and amending Subsections (b), (k),
  (k-1), and (l) to read as follows:
         (a-1)  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 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, along with a tax certificate
  for each property tax account listed on the statement, 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.
         (b)  An officer conducting a sale of real property under
  Section 34.01 may not:
               (1)  accept a bid from, execute a deed to, [in the name
  of] or deliver a deed to a [any] person who, before the sale begins,
  does not exhibit [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, along with a tax certificate for each
  property tax account listed on the statement, showing that:
                     (A) [(1)]  there are no delinquent taxes owed by
  the person to that county; and
                     (B) [(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; or
               (2)  execute a deed in the name of or deliver a deed to a
  person other than the person who was the successful bidder.
         (b-1)  An officer conducting a sale of real property under
  Section 34.01 may not execute or deliver a deed to the purchaser of
  the property unless the purchaser exhibits to the officer a tax
  certificate, as described by Section 31.08, showing that no taxes
  are due on the purchased property.
         (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 March 1 of
  the year following the year [on the 90th day after the date] of
  issuance.
         (k-1)  If within six months of the date of a sale of real
  property under Section 34.01, the successful bidder does not
  exhibit to the officer who conducted the sale a tax certificate as
  required by Subsection (b-1) [an unexpired statement that complies
  with Subsection (k)], the officer who conducted the sale shall
  provide a copy of the officer's return to the county
  assessor-collector for each county in which the real property is
  located.  On receipt of the officer's return, the county
  assessor-collector shall file the copy with the county clerk of the
  county in which the county assessor-collector serves.  The county
  clerk shall record the return in records kept for that purpose and
  shall index and cross-index the return in the name of the successful
  bidder at the auction and each former owner of the property.  The
  chief appraiser of each appraisal district that appraises the real
  property for taxation may list the successful bidder in the
  appraisal records of that district as the owner of the property.
         (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 a tax certificate
  showing that no taxes are due on the property purchased and that,
  before the sale began, 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.
         SECTION 5.  (a)  Except as provided by this section, the
  change in law made by this Act applies only to a public sale of real
  property conducted on or after the effective date of this Act. A
  public sale of real property conducted before the effective date of
  this Act 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.
         (b)  The change in law made by this Act to Section 34.015(k),
  Tax Code, applies to a statement issued on or after the effective
  date of this Act or an unexpired statement issued before the
  effective date of this Act.  Notwithstanding the expiration date
  included in the unexpired statement, an unexpired statement issued
  before the effective date of this Act expires on March 1, 2012.
         SECTION 6.  This Act takes effect September 1, 2011.