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AN ACT
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relating to the date and time for the public sale of real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 34.041, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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Sec. 34.041. SALE AT PLACE OTHER THAN COURTHOUSE DOOR; DATE |
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AND TIME OF SALE. |
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SECTION 2. Section 34.041, Civil Practice and Remedies |
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Code, is amended by adding Subsection (c) to read as follows: |
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(c) A sale of real property under this subchapter must take |
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place between 10 a.m. and 4 p.m. on the first Tuesday of a month or, |
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if the first Tuesday of a month occurs on January 1 or July 4, |
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between 10 a.m. and 4 p.m. on the first Wednesday of the month. |
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Notwithstanding Section 22.004, Government Code, the supreme court |
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may not amend or adopt rules in conflict with this subsection. |
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SECTION 3. Sections 51.002, Property Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1), a [A] sale of |
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real property under a power of sale conferred by a deed of trust or |
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other contract lien must be a public sale at auction held between 10 |
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a.m. and 4 p.m. of the first Tuesday of a month. Except as provided |
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by Subsection (h), the sale must take place at the county courthouse |
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in the county in which the land is located, or if the property is |
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located in more than one county, the sale may be made at the |
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courthouse in any county in which the property is located. The |
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commissioners court shall designate the area at the courthouse |
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where the sales are to take place and shall record the designation |
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in the real property records of the county. The sale must occur in |
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the designated area. If no area is designated by the commissioners |
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court, the notice of sale must designate the area where the sale |
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covered by that notice is to take place, and the sale must occur in |
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that area. |
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(a-1) If the first Tuesday of a month occurs on January 1 or |
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July 4, a public sale under Subsection (a) must be held between 10 |
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a.m. and 4 p.m. on the first Wednesday of the month. |
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SECTION 4. Section 34.01, Tax Code, is amended by adding |
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Subsections (r-1) and (r-2) to read as follows: |
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(r-1) A sale of real property under this section, other than |
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a sale conducted by means of a public auction using online bidding |
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and sale under Subsection (a-1), must take place between 10 a.m. and |
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4 p.m. on the first Tuesday of a month or, if the first Tuesday of a |
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month occurs on January 1 or July 4, between 10 a.m. and 4 p.m. on |
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the first Wednesday of the month. |
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(r-2) A sale of real property conducted by means of a public |
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auction using online bidding and sale under Subsection (a-1) may |
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begin at any time and must conclude at 4 p.m. on the first Tuesday of |
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a month or, if the first Tuesday of a month occurs on January 1 or |
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July 4, at 4 p.m. on the first Wednesday of the month. |
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SECTION 5. Section 34.07(f), Tax Code, is amended to read as |
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follows: |
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(f) A suit filed against the taxing units under Subsection |
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(d) may not be maintained unless the action is instituted before the |
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first anniversary of the date of sale or resale. In this subsection: |
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(1) "Date of sale" means the date [first Tuesday of the
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month] on which the sheriff or constable conducted the sale of the |
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property under Section 34.01. |
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(2) "Date of resale" means the date on which the |
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grantor's acknowledgment was taken or, in the case of multiple |
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grantors, the latest date of acknowledgment by the grantors as |
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shown in the deed. |
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SECTION 6. The changes in law made by this Act apply only to |
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the sale of real property under Subchapter C, Chapter 34, Civil |
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Practice and Remedies Code, Section 51.002, Property Code, or |
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Section 34.01, Tax Code, for which notice is given on or after the |
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effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2017. |
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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. 1128 was passed by the House on April |
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13, 2017, by the following vote: Yeas 138, Nays 0, 3 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1128 on May 19, 2017, by the following vote: Yeas 140, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1128 was passed by the Senate, with |
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amendments, on May 15, 2017, by the following vote: Yeas 31, Nays |
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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 |