Sec. 33.53. ORDER OF SALE; PAYMENT BEFORE SALE. (a) If judgment in a suit to collect a delinquent tax is for foreclosure of a tax lien, the court shall order the property sold in satisfaction of the amount of the judgment.
(b) On application by a taxing unit that is a party to the judgment, the district clerk shall prepare an order to an officer authorized to conduct execution sales ordering the sale of the property. If more than one parcel of property is included in the judgment, the taxing unit may specify particular parcels to be sold. A taxing unit may request more than one order of sale as necessary to collect all amounts due under the judgment.
(c) An order of sale:
(1) shall be returned to the district clerk as unexecuted if not executed before the 181st day after the date the order is issued; and
(2) may be accompanied by a copy of the judgment and a bill of costs attached to the order and incorporate the terms of the judgment or bill of costs by reference.
(d) A judgment or a bill of costs attached to the order of sale is not required to be certified.
(e) If the owner pays the amount of the judgment before the property is sold, the taxing unit shall:
(1) release the tax lien held by the taxing unit on the property; and
(2) file for record with the clerk of the court in which the judgment was rendered a release of the lien.
Acts 1979, 66th Leg., p. 2296, ch. 841, Sec. 1, eff. Jan. 1, 1982. Amended by Acts 1997, 75th Leg., ch. 537, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1481, Sec. 23, eff. Sept. 1, 1999.
Structure Texas Statutes
Subtitle E - Collections and Delinquency
Subchapter C. Delinquent Tax Suits
Section 33.41. Suit to Collect Delinquent Tax
Section 33.42. Taxes Included in Foreclosure Suit
Section 33.44. Joinder of Other Taxing Units
Section 33.445. Joinder of Tax Lien Transferee
Section 33.45. Pleading and Answering to Claims Filed
Section 33.46. Partition of Real Property
Section 33.47. Tax Records as Evidence
Section 33.475. Attorney Ad Litem Report; Approval of Fees
Section 33.48. Recovery of Costs and Expenses
Section 33.49. Liability of Taxing Unit for Costs
Section 33.51. Writ of Possession
Section 33.52. Taxes Included in Judgment
Section 33.53. Order of Sale; Payment Before Sale
Section 33.54. Limitation on Actions Relating to Property Sold for Taxes
Section 33.55. Effect of Judgment on Accrual of Penalties and Interest
Section 33.56. Vacation of Judgment
Section 33.57. Alternative Notice of Tax Foreclosure on Certain Parcels of Real Property