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AN ACT
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relating to the eligibility of persons to participate in an ad |
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valorem tax sale of real property; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 34, Tax Code, is amended by |
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adding Section 34.011 to read as follows: |
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Sec. 34.011. BIDDER REGISTRATION. (a) This section |
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applies only to a sale of real property under this chapter conducted |
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in a county in which the commissioners court by order has adopted |
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the provisions of this section. |
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(b) A commissioners court may require that, to be eligible |
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to bid at a sale of real property under this chapter, a person must |
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be registered as a bidder with the county assessor-collector before |
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the sale begins. The county assessor-collector may adopt rules |
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governing the registration of bidders under this section. The |
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county assessor-collector may require a person registering as a |
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bidder: |
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(1) to designate the person's name and address; |
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(2) to provide valid proof of identification; |
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(3) to provide written proof of authority to bid on |
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behalf of another person, if applicable; |
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(4) to provide any additional information reasonably |
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required by the county assessor-collector; and |
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(5) to at least annually execute a statement on a form |
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provided by the county assessor-collector certifying that there are |
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no delinquent ad valorem taxes owed by the person registering as a |
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bidder to the county or to any taxing unit having territory in the |
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county. |
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(c) The county assessor-collector shall issue a written |
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registration statement to a person who has registered as a bidder |
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under this section. A person is not eligible to bid at a sale of real |
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property under this chapter unless the county assessor-collector |
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has issued a written registration statement to the person before |
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the sale begins. |
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SECTION 2. Section 34.015(p), Tax Code, is amended to read |
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as follows: |
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(p) This section applies only to a sale of real property |
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under Section 34.01 that is conducted in: |
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(1) a county with a population of 250,000 or more in |
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which the commissioners court has not by order adopted the |
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provisions of Section 34.011; or |
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(2) a county with a population of less than 250,000 in |
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which the commissioners court by order has adopted the provisions |
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of this section. |
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SECTION 3. 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; or |
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(2) the written registration statement issued to the |
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person in the manner prescribed by Section 34.011, Tax Code, |
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showing that the person is a registered bidder at the sale at which |
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the property is sold. |
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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; or |
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(2) the written registration statement issued to the |
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person in the manner prescribed by Section 34.011, Tax Code, |
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showing that the person is a registered bidder at the sale at which |
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the property is sold. |
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SECTION 4. The changes in law made by this Act apply only to |
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the sale of real property under Subchapter C, Chapter 34, Civil |
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Practice and Remedies Code, or Chapter 34, Tax Code, on or after the |
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effective date of this Act. |
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SECTION 5. This Act takes effect January 1, 2016. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3951 was passed by the House on May |
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15, 2015, by the following vote: Yeas 137, Nays 2, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3951 was passed by the Senate on May |
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27, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |