Section 34.041 - Sale At Place Other Than Courthouse Door; Date and Time of Sale(a) If the public sale of real property is required by court order or other law to be made at a place other than the courthouse door, sales under this chapter shall be made at the place designated by that court order or other law.(a-1) The commissioners court of a county by official action may authorize the officer charged with conducting a public sale of real property taken in execution of a judgment to conduct a public auction using online bidding and sale. The commissioners court may adopt rules governing online auctions authorized under this subsection. Rules adopted by the commissioners court under this subsection take effect on the 90th day after the date the rules are published in the real property records of the county. (a-2) Subsection (a-1) does not apply to a sale of real property conducted under Section 51.002, Property Code. (b) The commissioners court of a county may designate an area other than an area at the county courthouse where public sales of real property under this chapter will take place that is in a public place within a reasonable proximity of the county courthouse as determined by the commissioners court and in a location as accessible to the public as the courthouse door. The commissioners court shall record that designation in the real property records of the county. A designation by a commissioners court under this section is not a ground for challenging or invalidating any sale. Except for a sale conducted under Subsection (a) or (a-1), a sale must be held at an area designated under this subsection if the sale is held on or after the 90th day after the date the designation is recorded. The commissioners court may by order authorize a county official or employee to identify separate locations within the designated area for the conduct of sales under this section and for the conduct of sales by peace officers under other laws. (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.Tex. Civ. Prac. and Rem. Code § 34.041
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 314,Sec. 1, eff. 9/1/2023.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 133,Sec. 2, eff. 9/1/2017.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 133,Sec. 1, eff. 9/1/2017.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 642,Sec. 1, eff. 10/1/2013. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. 9/1/1985. See Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 133, Sec. 6. See Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 133, Sec. 6.