By: Taylor  S.B. No. 723
         (In the Senate - Filed February 21, 2013; February 25, 2013,
  read first time and referred to Committee on Business and Commerce;
  March 13, 2013, reported favorably by the following vote:  Yeas 8,
  Nays 0; March 13, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the location of certain public sales of real property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 34.041, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 34.041.  SALE AT PLACE OTHER THAN COURTHOUSE DOOR.  
  (a)  If the public sale of real property [land] is required by court
  order or other law to be made at a place other than the courthouse
  door, sales under this chapter shall be made at the place designated
  by that court order or other law.
         (b)  The commissioners court of a county may designate an
  area other than an area at the county courthouse where public sales
  of real property under this chapter will take place that is in a
  public place within a reasonable proximity of the county courthouse
  and in a location as accessible to the public as the courthouse
  door.  The commissioners court shall record that designation in the
  real property records of the county. Except for a sale under
  Subsection (a), a sale must be held at an area designated under this
  subsection and may not be held before the 90th day after the date
  the designation is recorded.
         SECTION 2.  Subsection (h), Section 51.002, Property Code,
  is amended to read as follows:
         (h)  For the purposes of Subsection (a), the commissioners
  court of a county may designate an area other than an area at the
  county courthouse where public sales of real property under this
  section will take place that is in a public place within a
  reasonable proximity of the county courthouse and in a location as
  accessible to the public as the courthouse door. The commissioners
  court shall record that designation in the real property records of
  the county. A sale must [may not] be held at an area designated
  under this subsection and may not be held before the 90th day after
  the date the designation is recorded. The posting of the notice
  required by Subsection (b)(1) of a sale designated under this
  subsection to take place at an area other than an area of the
  courthouse remains at the courthouse door of the appropriate
  county.
         SECTION 3.  Section 34.01, Tax Code, is amended by amending
  Subsection (r) and adding Subsection (r-1) to read as follows:
         (r)  Except as provided by this subsection, a sale of real
  property under this section must take place at the county
  courthouse in the county in which the land is located.  The
  commissioners court of the county may designate an area other than
  an area at [in] the county courthouse [or another location in the
  county] where sales under this section will [must] take place that
  is in a public place within a reasonable proximity of the county
  courthouse and in a location as accessible to the public as the
  courthouse door.  The commissioners court [and] shall record that
  designation [any designated area or other location] in the real
  property records of the county. A sale must be held at an area
  designated under this subsection and may not be held before the 90th
  day after the date the designation is recorded [If the
  commissioners court designates an area in the courthouse or another
  location in the county for sales, a sale must occur in that area or
  at that location. If the commissioners court does not designate an
  area in the courthouse or another location in the county for sales,
  a sale must occur in the same area in the courthouse that is
  designated by the commissioners court for the sale of real property
  under Section 51.002, Property Code].
         (r-1)  If a commissioners court has designated an area where
  public sales of real property take place under Subsection (r)
  before September 1, 2013, that will not be in compliance with
  Subsection (r) after December 31, 2013, the commissioners court
  shall designate before January 1, 2014, a location for public sales
  that will comply with Subsection (r), as amended by __.B. ____, 83rd
  Legislature, Regular Session, 2013.  This subsection expires
  September 1, 2014.
         SECTION 4.  Subsection (r), Section 34.01, Tax Code, as
  amended by this Act, applies only to a sale of real property in
  which notice of the sale under that section is provided on or after
  the effective date of this Act.  A sale in which notice of the sale
  is provided before the effective date of this Act is subject to the
  law in effect immediately before that date, and that law is
  continued in effect for that purpose.
         SECTION 5.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2013.
         (b)  Subsection (r), Section 34.01, Tax Code, as amended by
  this Act, takes effect January 1, 2014.
 
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