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

	A BILL TO BE ENTITLED
	AN ACT
	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, [and] the costs of the sale, and any accrued post-judgment
	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, [and] all penalties,
	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, [and] other claims for which the warrant was
	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; [and]
	(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.