H.B. No. 1128

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

______________________________            ______________________________
President of the Senate                        Speaker of the House

I certify that H.B. No. 1128 was passed by the House on April
13, 2017, by the following vote: Yeas 138, Nays 0, 3 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1128 on May 19, 2017, by the following vote: Yeas 140, Nays 0,
1 present, not voting.

______________________________
Chief Clerk of the House

I certify that H.B. No. 1128 was passed by the Senate, with
amendments, on May 15, 2017, by the following vote: Yeas 31, Nays
0.

______________________________
Secretary of the Senate
APPROVED:

__________________
Date

__________________
Governor