By: Bettencourt S.B. No. 1981

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of persons to participate in an ad valorem tax sale of real property.

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

SECTION 1. Subchapter A, Chapter 34, Tax Code, is amended by adding Section 34.011 to read as follows:

Sec. 34.011. PERSONS ELIGIBLE TO PURCHASE REAL PROPERTY. (a) This section applies only to a sale of real property under Section 34.01 conducted in:

(1) a county with a population of 250,000 or more; or

(2) a county with a population of less than 250,000 in which the commissioners court by order has adopted the provisions of this section.

(b) In this section:

(1) "Individual" does not include an individual acting on behalf of a taxing unit.

(2) "Person" does not include a taxing unit or an individual acting on behalf of a taxing unit.

(c) A county assessor-collector may require that, to be eligible to bid at a sale of real property under Section 34.01, an individual register as a bidder with the county assessor-collector before the sale begins. The county assessor-collector may require the individual:

(1) to provide valid proof of identification;

(2) to provide proof that the individual is authorized to bid for another person, if the individual may submit a bid for the other person at the sale; and

(3) to at least annually execute a statement on a form provided by the county assessor-collector certifying that there are no delinquent taxes owed to the county and no delinquent ad valorem taxes owed to any taxing unit in the county by:

(A) the individual executing the certification;

(B) the person the individual may submit a bid for at the sale, if applicable; and

(C) each entity at least 10 percent of the ownership interest in which is owned by the person the individual may submit a bid for at the sale, if applicable.

(d) The county assessor-collector shall issue a written registration statement to an individual who registers as a bidder under this section. An individual is ineligible to submit a bid at a sale of real property under Section 34.01 unless the county assessor-collector has issued a written registration statement to the individual before the sale.

(e) An officer conducting a sale of real property under Section 34.01 is not liable to any person if the officer sells real property to an individual who has not complied with the requirements of this section.

SECTION 2. Sections 34.0445(a), (c), and (e), 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 or the individual submitting the successful bid for the purchaser exhibits to the officer an unexpired written registration statement issued to the person in the manner prescribed by Section 34.011 [34.015], Tax Code[, showing that the county assessor-collector of the county in which the sale is conducted has determined that:

[(1) there are no delinquent ad valorem taxes owed by the person to that county; and

[(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].

(c) The deed executed by the officer conducting the sale must name the purchaser [successful bidder] as the grantee and recite that the purchaser or the individual submitting the successful bid for the purchaser [successful bidder] exhibited to that officer an unexpired written registration statement issued to the person in the manner prescribed by Section 34.011 [34.015], Tax Code[, showing that the county assessor-collector of the county in which the sale was conducted determined that:

[(1) there are no delinquent ad valorem taxes owed by the person to that county; and

[(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].

SECTION 3. The following provisions are repealed:

(1) Section 34.0445(b), Civil Practice and Remedies Code; and

(2) Section 34.015, Tax Code.

SECTION 4. The changes in law made by this Act apply only to the sale of real property under Subchapter C, Chapter 34, Civil Practice and Remedies Code, or Section 34.01, Tax Code, on or after the effective date of this Act.

SECTION 5. This Act takes effect January 1, 2016.