Texas Civil Practice and Remedies Code 34.0445 – Persons Eligible to Purchase Real Property
(a) An officer conducting a sale of real property under this subchapter may not execute or deliver a deed to the purchaser of the property unless the purchaser exhibits to the officer:
(1) an unexpired written statement issued to the person in the manner prescribed by § 34.015, Tax Code, showing that the county assessor-collector of the county in which the sale is conducted has determined that:
(A) there are no delinquent ad valorem taxes owed by the person to that county; and
(B) for each school district or municipality having territory in the county there are no known or reported delinquent ad valorem taxes owed by the person to that school district or municipality; or
(2) the written registration statement issued to the person in the manner prescribed by § 34.011, Tax Code, showing that the person is a registered bidder at the sale at which the property is sold.
(b) An individual may not bid on or purchase the property in the name of any other individual. An officer conducting a sale under this subchapter may not execute a deed in the name of or deliver a deed to any person other than the person who was the successful bidder.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Civil Practice and Remedies Code 34.0445
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The deed executed by the officer conducting the sale must name the successful bidder as the grantee and recite that the successful bidder exhibited to that officer:
(1) an unexpired written statement issued to the person in the manner prescribed by § 34.015, Tax Code, showing that the county assessor-collector of the county in which the sale was conducted determined that:
(A) there are no delinquent ad valorem taxes owed by the person to that county; and
(B) for each school district or municipality having territory in the county there are no known or reported delinquent ad valorem taxes owed by the person to that school district or municipality; or
(2) the written registration statement issued to the person in the manner prescribed by § 34.011, Tax Code, showing that the person is a registered bidder at the sale at which the property is sold.
(d) If a deed contains the recital required by Subsection (c), it is conclusively presumed that this section was complied with.
(e) A person who knowingly violates this section commits an offense. An offense under this subsection is a Class B misdemeanor.
(f) To the extent of a conflict between this section and any other law, this section controls.
(g) This section applies only to a sale of real property under this subchapter that is conducted in:
(1) a county with a population of 250,000 or more; or
(2) a county with a population of less than 250,000 in which the commissioners court by order has adopted the provisions of this section.