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A BILL TO BE ENTITLED
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AN ACT
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relating to the location of certain public sales of real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 34.041, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 34.041. SALE AT PLACE OTHER THAN COURTHOUSE DOOR. |
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(a) If the public sale of real property [land] is required by court |
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order or other law to be made at a place other than the courthouse |
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door, sales under this chapter shall be made at the place designated |
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by that court order or other law. |
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(b) The commissioners court of a county may designate an |
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area other than an area at the county courthouse where public sales |
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of real property under this chapter will take place that is in a |
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public place within a reasonable proximity of the county courthouse |
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and in a location as accessible to the public as the courthouse |
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door. The commissioners court shall record that designation in the |
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real property records of the county. Except for a sale under |
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Subsection (a), a sale must be held at an area designated under this |
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subsection and may not be held before the 90th day after the date |
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the designation is recorded. |
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SECTION 2. Subsection (h), Section 51.002, Property Code, |
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is amended to read as follows: |
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(h) For the purposes of Subsection (a), the commissioners |
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court of a county may designate an area other than an area at the |
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county courthouse where public sales of real property under this |
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section will take place that is in a public place within a |
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reasonable proximity of the county courthouse and in a location as |
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accessible to the public as the courthouse door. The commissioners |
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court shall record that designation in the real property records of |
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the county. A sale must [may not] be held at an area designated |
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under this subsection and may not be held before the 90th day after |
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the date the designation is recorded. The posting of the notice |
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required by Subsection (b)(1) of a sale designated under this |
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subsection to take place at an area other than an area of the |
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courthouse remains at the courthouse door of the appropriate |
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county. |
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SECTION 3. Section 34.01, Tax Code, is amended by amending |
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Subsection (r) and adding Subsection (r-1) to read as follows: |
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(r) Except as provided by this subsection, a sale of real |
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property under this section must take place at the county |
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courthouse in the county in which the land is located. The |
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commissioners court of the county may designate an area other than |
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an area at [in] the county courthouse [or another location in the
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county] where sales under this section will [must] take place that |
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is in a public place within a reasonable proximity of the county |
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courthouse and in a location as accessible to the public as the |
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courthouse door. The commissioners court [and] shall record that |
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designation [any designated area or other location] in the real |
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property records of the county. A sale must be held at an area |
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designated under this subsection and may not be held before the 90th |
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day after the date the designation is recorded [If the
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commissioners court designates an area in the courthouse or another
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location in the county for sales, a sale must occur in that area or
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at that location. If the commissioners court does not designate an
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area in the courthouse or another location in the county for sales,
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a sale must occur in the same area in the courthouse that is
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designated by the commissioners court for the sale of real property
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under Section 51.002, Property Code]. |
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(r-1) If a commissioners court has designated an area where |
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public sales of real property take place under Subsection (r) |
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before September 1, 2013, that will not be in compliance with |
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Subsection (r) after December 31, 2013, the commissioners court |
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shall designate before January 1, 2014, a location for public sales |
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that will comply with Subsection (r), as amended by __.B. ____, 83rd |
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Legislature, Regular Session, 2013. This subsection expires |
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September 1, 2014. |
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SECTION 4. Subsection (r), Section 34.01, Tax Code, as |
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amended by this Act, applies only to a sale of real property in |
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which notice of the sale under that section is provided on or after |
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the effective date of this Act. A sale in which notice of the sale |
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is provided before the effective date of this Act is subject to the |
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law in effect immediately before that date, and that law is |
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continued in effect for that purpose. |
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SECTION 5. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2013. |
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(b) Subsection (r), Section 34.01, Tax Code, as amended by |
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this Act, takes effect January 1, 2014. |
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