88R17031 AJA-F
 
  By: Hernandez H.B. No. 1382
 
  Substitute the following for H.B. No. 1382:
 
  By:  Stucky C.S.H.B. No. 1382
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the public sale of real property taken in execution of a
  judgment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 34.041, Civil Practice and Remedies
  Code, is amended by adding Subsections (a-1) and (a-2) and amending
  Subsection (b) to read as follows:
         (a-1)  The commissioners court of a county by official action
  may authorize the officer charged with conducting a public sale of
  real property taken in execution of a judgment to conduct a public
  auction using online bidding and sale. The commissioners court may
  adopt rules governing online auctions authorized under this
  subsection. Rules adopted by the commissioners court under this
  subsection take effect on the 90th day after the date the rules are
  published in the real property records of the county.
         (a-2)  Subsection (a-1) does not apply to a sale of real
  property conducted under Section 51.002, Property Code.
         (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
  as determined by the commissioners court 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 designation by a commissioners court under this
  section is not a ground for challenging or invalidating any
  sale.  Except for a sale conducted under Subsection (a) or (a-1), a
  sale must be held at an area designated under this subsection if the
  sale is held on or after the 90th day after the date the designation
  is recorded.  The commissioners court may by order authorize a
  county official or employee to identify separate locations within
  the designated area for the conduct of sales under this section and
  for the conduct of sales by peace officers under other laws.
         SECTION 2.  This Act takes effect September 1, 2023.