83R412 ALL-D

By: Oliveira H.B. No. 2365

A BILL TO BE ENTITLED

AN ACT

relating to the public sale of certain real property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 34.0445(a) and (c), Civil Practice and Remedies Code, are amended to read as follows:

(a) 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:

(1) an unexpired 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:

(A) [(1)] there are no delinquent ad valorem 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; and

(2) a tax certificate, as described by Section 31.08, Tax Code, showing that no taxes are due on the purchased property.

(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:

(1) an unexpired 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 was conducted determined that:

(A) [(1)] there are no delinquent ad valorem 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; and

(2) a tax certificate showing that no taxes are due on the purchased property.

SECTION 2. Sections 34.015(b), (k-1), and (l), Tax Code, are amended to read as follows:

(b) An officer conducting a sale of real property under Section 34.01 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. The officer may not execute or deliver a deed to the purchaser of the property unless the purchaser exhibits to the officer:

(1) 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 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; and

(2) a tax certificate, as described by Section 31.08, showing that no taxes are due on the purchased property.

(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 an unexpired statement that complies with Subsection (k) and a tax certificate showing that no taxes are due on the purchased property, 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:

(1) 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:

(A) [(1)] there are no delinquent ad valorem 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; and

(2) a tax certificate showing that no taxes are due on the purchased property.

SECTION 3. 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.

SECTION 4. This Act takes effect September 1, 2013.