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<br />COLLECTIONS AND DELINQUENCY
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<br />~ 34.051
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<br />description of the property in the notice is sufficient if it is stated in the manner provided by
<br />Section 34.01(1). If the commissioners court of a county by order specifies the date or time at
<br />which or location in the county where a public sale requested under Subsection (c) shall be
<br />conducted, the sale shall be conducted on the date and at the time and location specified in
<br />the order. The acceptance of a bid by the officer conducting the sale is conclusive and
<br />binding on the question of its sufficiency. An action to set aside the sale on the grounds that
<br />the bid is insufficient may not be sustained in court, except that a taxing unit that participates
<br />in distribution of proceeds of the sale may file an action before the first anniversary of the
<br />date of the sale to set aside the sale on the grounds of fraud or collusion between the officer
<br />making the sale and the purchaser. On conclusion of the sale, the officer making the sale
<br />shall prepare a deed to the purchaser. The taxing unit that requested the sale may elect to
<br />prepare a deed for execution by the officer. If the taxing unit prepares the deed, the officer
<br />shall execute that deed. An officer who executes a deed prepared by the taxing unit is not
<br />responsible or liable for any inconsistency, error, or other defect in the form of the deed. As
<br />soon as practicable after a deed is executed by the officer, the officer shall either file the deed
<br />for recording with the county clerk or deliver the executed deed to the taxing unit that
<br />requested the sale, which shall file the deed for recording with the county clerk. The county
<br />clerk shall file and record each deed under this subsection and after recording shall return
<br />the deed to the grantee.
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<br />(e) The presiding officer of a taxing unit selling real property under Subsection (h) or (i),
<br />under Section 34.051, or under Section 253.010, Local Government Code, or the sheriff or
<br />constable selling real property under Subsections (c) and (d) shall execute a deed to the
<br />property conveying to the purchaser the right, title, and interest acquired or held by each
<br />taxing unit that was a party to the judgment foreclosing tax liens on the property. The
<br />conveyance shall be made subject to any remaining right of redemption at the time of the
<br />sale.
<br />(1) An action attacking the validity of a resale of property pursuant to this section may not
<br />be instituted after the expiration of one year after the date of the resale.
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<br />(g) A taxing unit to which property is bid off may recover its costs of upkeep, maintenance,
<br />and environmental cleanup from the resale proceeds without further court order.
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<br />(h) In lieu of a sale pursuant to Subsections (c) and (d) of this section, the taxing unit that
<br />purchased the property may sell the property at a private sale. Consent of each taxing unit
<br />entitled to receive proceeds of the sale under the judgment is not required. Property sold
<br />under this subsection may not be sold for an amount that is less than the lesser of:
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<br />(1) the market value specified in the judgment of foreclosure; or
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<br />(2) the total amount of the judgments against the property.
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<br />(i) In lieu of a sale pursuant to Subsections (c) and (d) of this section, the taxing unit that
<br />purchased the property may sell the property at a private sale for an amount less than
<br />required under Subsection (h) of this section with the consent of each taxing unit entitled to
<br />receive proceeds of the sale under the judgment. This subsection does not authorize a sale of
<br />property in violation of Section 52, Article III, Texas Constitution.
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<br />Acts 1979, 66th Leg., p. 2298, ch. 841, ~ 1, eff. Jan. 1, 1982. Amended by Acts 1983, 68th Leg., p. 4829,
<br />ch. 851, ~ 27, eff. Aug. 29, 1983; Acts 1995, 74th Leg., ch. 499, ~ 1, eff. Aug. 28, 1995; Acts 1997, 75th
<br />Leg., ch. 310, ~ 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 712, ~~ 3,4, eff. June 17, 1997; Acts 1997,
<br />75th Leg., ch. 906, ~ 9, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1111, ~~ 5, 8, eff. Sept. 1, 1997; Acts
<br />1997, 75th Leg., ch. 1136, ~ 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1192, ~ 2, eff. Sept. 1, 1997;
<br />Acts 1999, 76th Leg., ch. 1481, ~~ 27 to 29, 42(2), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1430, ~ 28,
<br />eff. Sept. 1, 2001.
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<br />~ 34.051. Resale by Taxing Unit for the Purpose of Urban Redevelopment
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<br />(a) A municipality is authorized to resell tax foreclosed property for less than the market
<br />value specified in the judgment of foreclosure or less than the total amount of the judgments
<br />against the property if consent to the conveyance is evidenced by an interlocal agreement
<br />between the municipality and each taxing unit that is a party to the judgment, provided,
<br />however, that the interlocal agreement complies with the requirements of Subsection (b).
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<br />(b) Any taxing unit may enter into an interlocal agreement with the municipality for the
<br />resale of tax foreclosed properties to be used for a purpose consistent with the municipality's
<br />urban redevelopment plans or the municipality's affordable housing policy. If the tax
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