Skip to content
Quick Start for:

Civil Practices and Remedies

Chapter 17. Parties; Citation; Long-Arm Jurisdiction.
Sec. 17.091. Substituted Service in Delinquent Tax Cases.

Chapter 34. Execution on Judgments.
Sec. 34.0445. Persons Eligible to Purchase Real Property.

Chapter 17. Parties; Citations; Long-Arm Jurisdiction.

Sec. 17.091. Substituted Service in Delinquent Tax Cases.

(a) In a suit to collect delinquent property taxes by the state or a subdivision of the state in which a person who is a defendant is a nonresident, the secretary of state is an agent for service of process on that defendant if the defendant owns, has, or claims an interest in property in this state that is the subject of the suit.

(b) Process may be served on the secretary of state in accordance with this section for a nonresident who was a resident at the time the cause of action accrued but has subsequently moved.

(c) Service of process under this section shall be made in the manner provided by this chapter for substituted service on nonresident motor vehicle operators, except that a copy of the process must be mailed by certified mail.

(d) Service under this section is in addition to procedures provided by Rule 117a of the Texas Rules of Civil Procedure and has the same effect as personal service.

(e) Service of process on the secretary of state under this section must be accompanied by the fee provided by Section 405.031(a), Government Code, for the maintenance by the secretary of state of a record of the service of process.

Amended by 1991 Tex. Laws (2nd C.S.), p. 39, ch. 6, Sec. 60; amended by 1995 Tex. Laws, p. 3374, ch. 579, Sec. 1; amended by 1997 Tex. Laws, ch 948, Sec. 5; amended by 2001 Tex. Laws, ch. 1430, Sec. 34.

Chapter 34. Execution on Judgments.

Sec. 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 an unexpired written statement issued to the person in the manner prescribed by Section 34.015, Tax Code, showing that the county assessor-collector of the county in which the sale is conducted has determined that:

(1) there are no delinquent ad valorem taxes owed by the person to that county; and

(2) 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.

(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.

(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 an unexpired written statement issued to the person in the manner prescribed by Section 34.015, Tax Code, showing that the county assessor-collector of the county in which the sale was conducted determined that:

(1) there are no delinquent ad valorem taxes owed by the person to that county; and

(2) 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.

(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.

Added by HB 335, 78th Tex. Leg., 2003, effective Sept. 1, 2003.