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A BILL TO BE ENTITLED
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AN ACT
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relating to the public sale of certain real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 34.0445(a) and (c), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(a) An officer conducting a sale of real property under this |
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subchapter may not execute or deliver a deed to the purchaser of the |
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property unless the purchaser exhibits to the officer: |
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(1) an unexpired written statement issued to the |
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person in the manner prescribed by Section 34.015, Tax Code, |
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showing that the county assessor-collector of the county in which |
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the sale is conducted has determined that: |
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(A) [(1)] there are no delinquent ad valorem |
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taxes owed by the person to that county; and |
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(B) [(2)] for each school district or |
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municipality having territory in the county there are no known or |
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reported delinquent ad valorem taxes owed by the person to that |
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school district or municipality; and |
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(2) a tax certificate, as described by Section 31.08, |
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Tax Code, showing that no taxes are due on the purchased property. |
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(c) The deed executed by the officer conducting the sale |
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must name the successful bidder as the grantee and recite that the |
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successful bidder exhibited to that officer: |
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(1) an unexpired written statement issued to the |
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person in the manner prescribed by Section 34.015, Tax Code, |
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showing that the county assessor-collector of the county in which |
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the sale was conducted determined that: |
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(A) [(1)] there are no delinquent ad valorem |
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taxes owed by the person to that county; and |
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(B) [(2)] for each school district or |
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municipality having territory in the county there are no known or |
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reported delinquent ad valorem taxes owed by the person to that |
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school district or municipality; and |
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(2) a tax certificate showing that no taxes are due on |
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the purchased property. |
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SECTION 2. Sections 34.015(b), (k-1), and (l), Tax Code, |
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are amended to read as follows: |
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(b) An officer conducting a sale of real property under |
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Section 34.01 may not execute a deed in the name of or deliver a deed |
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to any person other than the person who was the successful bidder. |
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The officer may not execute or deliver a deed to the purchaser of |
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the property unless the purchaser exhibits to the officer: |
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(1) an unexpired written statement issued under this |
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section to the person by the county assessor-collector of the |
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county in which the sale is conducted showing that: |
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(A) [(1)] there are no delinquent taxes owed by |
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the person to that county; and |
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(B) [(2)] for each school district or |
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municipality having territory in the county there are no known or |
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reported delinquent ad valorem taxes owed by the person to that |
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school district or municipality; and |
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(2) a tax certificate, as described by Section 31.08, |
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showing that no taxes are due on the purchased property. |
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(k-1) If within six months of the date of a sale of real |
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property under Section 34.01, the successful bidder does not |
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exhibit to the officer who conducted the sale an unexpired |
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statement that complies with Subsection (k) and a tax certificate |
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showing that no taxes are due on the purchased property, the officer |
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who conducted the sale shall provide a copy of the officer's return |
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to the county assessor-collector for each county in which the real |
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property is located. On receipt of the officer's return, the |
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county assessor-collector shall file the copy with the county clerk |
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of the county in which the county assessor-collector serves. The |
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county clerk shall record the return in records kept for that |
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purpose and shall index and cross-index the return in the name of |
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the successful bidder at the auction and each former owner of the |
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property. The chief appraiser of each appraisal district that |
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appraises the real property for taxation may list the successful |
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bidder in the appraisal records of that district as the owner of the |
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property. |
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(l) The deed executed by the officer conducting the sale |
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must name the successful bidder as the grantee and recite that the |
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successful bidder exhibited to that officer: |
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(1) an unexpired written statement issued to the |
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person in the manner prescribed by this section, showing that the |
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county assessor-collector of the county in which the sale was |
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conducted determined that: |
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(A) [(1)] there are no delinquent ad valorem |
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taxes owed by the person to that county; and |
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(B) [(2)] for each school district or |
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municipality having territory in the county there are no known or |
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reported delinquent ad valorem taxes owed by the person to that |
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school district or municipality; and |
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(2) a tax certificate showing that no taxes are due on |
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the purchased property. |
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SECTION 3. The change in law made by this Act applies only |
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to a public sale of real property conducted on or after the |
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effective date of this Act. A public sale of real property |
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conducted before the effective date of this Act is governed by the |
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law in effect on the date the sale was conducted, and the former law |
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is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |