BILL ANALYSIS

C.S.H.B. 4564

By: Guillen

County Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

It has been noted that some counties do not provide information on the monthly tax foreclosure sale on the county website. This lack of information may deter participation in these auction sales by members of the public who are not already familiar with the existence of these auctions and the relevant procedures. C.S.H.B. 4564 seeks to address the issue by requiring a county that maintains a website to post certain auction information on the same website page where the county posts notice of a foreclosure sale.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4564 amends the Property Code to require the notice of a foreclosure sale that a county is required to post on its website, if applicable, to be prominently posted on a page where the county posts other auction information. The bill requires the county to post the following information on the page along with the notice of sale:

· the date, time, and location of the sale;

· requirements for bidder eligibility; and

· where and to whom to make a payment for the property.

EFFECTIVE DATE

September 1, 2021.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 4564 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes the following provisions that did not appear in the original:

· a specification that notice of a foreclosure sale is posted on a page where the county posts other auction information; and

· provisions setting out certain auction information the county is required to post on that page along with the notice of sale.

The substitute retains language removed by the original specifying that the requirement for a county to post notice of a foreclosure sale on its website applies to counties that maintain a website.