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AN ACT
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relating to the public sale of real property taken in execution of a |
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judgment. |
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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 by adding Subsections (a-1) and (a-2) and amending |
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Subsection (b) to read as follows: |
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(a-1) The commissioners court of a county by official action |
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may authorize the officer charged with conducting a public sale of |
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real property taken in execution of a judgment to conduct a public |
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auction using online bidding and sale. The commissioners court may |
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adopt rules governing online auctions authorized under this |
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subsection. Rules adopted by the commissioners court under this |
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subsection take effect on the 90th day after the date the rules are |
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published in the real property records of the county. |
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(a-2) Subsection (a-1) does not apply to a sale of real |
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property conducted under Section 51.002, Property Code. |
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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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as determined by the commissioners court 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 designation by a commissioners court under this |
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section is not a ground for challenging or invalidating any |
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sale. Except for a sale conducted under Subsection (a) or (a-1), a |
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sale must be held at an area designated under this subsection if the |
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sale is held on or after the 90th day after the date the designation |
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is recorded. The commissioners court may by order authorize a |
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county official or employee to identify separate locations within |
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the designated area for the conduct of sales under this section and |
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for the conduct of sales by peace officers under other laws. |
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SECTION 2. This Act takes effect September 1, 2023. |
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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. 1382 was passed by the House on April |
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11, 2023, by the following vote: Yeas 143, Nays 0, 1 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. 1382 was passed by the Senate on May |
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15, 2023, 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 |