Bill Text: TX HB2365 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the public sale of certain real property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-16 - Committee report sent to Calendars [HB2365 Detail]
Download: Texas-2013-HB2365-Comm_Sub.html
83R18291 CJC-D | |||
By: Oliveira | H.B. No. 2365 | ||
Substitute the following for H.B. No. 2365: | |||
By: Oliveira | C.S.H.B. No. 2365 |
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relating to the public sale of certain real property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 34.01(b) and (p), Tax Code, are amended | ||
to read as follows: | ||
(b) On receipt of an order of sale of real property, the | ||
officer charged with selling the property shall endorse on the | ||
order the date and exact time when the officer received the order. | ||
The endorsement is a levy on the property without necessity for | ||
going upon the ground. The officer shall calculate the total amount | ||
due under the judgment, including all taxes, penalties, and | ||
interest, plus any other amount awarded by the judgment, court | ||
costs, [ |
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taxes, penalties, and interest. The costs of a sale include the | ||
costs of advertising, and deed recording fees anticipated to be | ||
paid in connection with the sale of the property. To assist the | ||
officer in making the calculation, the collector of any taxing unit | ||
that is party to the judgment may provide the officer with a | ||
certified tax statement showing the amount of the taxes included in | ||
the judgment that remain due that taxing unit, [ |
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interest, and attorney's fees provided by the judgment, and all | ||
accrued post-judgment taxes, penalties, and interest as of the date | ||
of the proposed sale. If a certified tax statement is provided to | ||
the officer, the officer shall rely on the amount included in the | ||
statement and is not responsible or liable for the accuracy of the | ||
applicable portion of the calculation. A certified tax statement | ||
is not required to be sworn to and is sufficient if the tax | ||
collector or the collector's deputy signs the statement. | ||
(p) Except as provided by Subsection (o), property seized | ||
under Subchapter E, Chapter 33, may not be sold for an amount that | ||
is less than the lesser of the market value of the property as | ||
specified in the warrant or the total amount of taxes, penalties, | ||
interest, costs, [ |
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issued, and any post-judgment taxes, penalties, and interest. If a | ||
sufficient bid is not received by the officer making the sale, the | ||
officer shall bid off the property to a taxing unit in the manner | ||
specified by Subsection (j) and subject to the other provisions of | ||
that subsection. A taxing unit that takes title to property under | ||
this subsection takes title for the use and benefit of that taxing | ||
unit and all other taxing units that established tax liens in the | ||
suit or that, on the date of the seizure, were owed delinquent taxes | ||
on the property. | ||
SECTION 2. Section 34.02(b), Tax Code, is amended to read as | ||
follows: | ||
(b) The proceeds shall be applied to: | ||
(1) the costs of advertising the tax sale; | ||
(2) any fees ordered by the judgment to be paid to an | ||
appointed attorney ad litem; | ||
(3) the original court costs payable to the clerk of | ||
the court; | ||
(4) the fees and commissions payable to the officer | ||
conducting the sale; | ||
(5) the expenses incurred by a taxing unit in | ||
determining necessary parties and in procuring necessary legal | ||
descriptions of the property if those expenses were awarded to the | ||
taxing unit by the judgment under Section 33.48(a)(4); | ||
(6) the taxes, penalties, interest, and attorney's | ||
fees that are due under the judgment; [ |
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(7) any post-judgment taxes, penalties, and interest | ||
that accrued after the date of the judgment; and | ||
(8) any other amount awarded to a taxing unit under the | ||
judgment. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a public sale of real property conducted on or after the | ||
effective date of this Act. A public sale of real property | ||
conducted before the effective date of this Act is governed by the | ||
law in effect on the date the sale was conducted, and the former law | ||
is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2013. |