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ECNEW GENERAL EXAS

Honorable JamesE. Barlow Opinion No. M-294 Criminal District Attorney Bexar County,,Texas Re: Persons authorized to exe'; County Courthouse SanAntonio, Texas ,78204' cute deeds for taxing units in private sales made suant to,Article 73&jbpurBear Mr. Barlow: ,t Vernonts Civil Statutes, Your request for an opinion reads, In part, as follows: "As rovided for InArticle 73&b,

Sections f;and 9, VACS,governmental agencies in Bexar County, Texas, average five private sales per monthfor less than the amountof the judgment or the adjudged value of property, acquired by these governmental agencies at .the monthly Sheriff's sales, Theissue in question is: 'whoIS authorized to sign deeds in behalf o??, ,, State of.Texas’and Bexar County in these private sales?'" (Emphasis added.) Theapplicable portions of Aarticle 73&b, Vernon's Civil Statutes, read as follows:

"Sec.9.

. De The taxing unit maysell andconvey said property so but such property shal31 urchased b not be so dby

f it thk taxing unit purchasing the same,,at private sale, for less than the adjudged value thereof, if any, as establ,ished in the tax judgment, or the total amountfor which suchjudgment was rendered against the property in said suit, whichever is lower, without the written consent of all taxing units which in said judgment shall have been found to have tax liens against said property, All such consents’shall be evidenced by thejokder in the conveyance by the

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Hon. JamesE. Barlow, page 2 (M-294)

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‘rdl of-their gov’krning bodies. Deeds exe&ted hereunder by taxing units shall be executed in their behalf,by the presiding officer of their governing body andwhose authority to so aft in any aiven case shall be Drima facie nresumed

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. if the State of Texas is the taxing unit which purchased aaia property at the tax foreclosure sale, the Commissioners Court of the county in which the property is located shall have authority to act for the State of Texas in making

‘pivate sales and conveyances of said proper as herein erovided. or in requestina the She or in appointing a-Commissioner, to-make public sale thereof, andin receiving anddistributing the proceeds of such sales; andall sales and conveyances madein behalf of the State of Texas by the Commissioners Court, or madeby the,Sheriff or any Commissioner appointed by the Commiasfoners Court, under the provisions hereof, shall operate to transf,er to the purchaser at such sale all right, title ‘andinterest acquired or held by the State of Texas as purchaser at the tax foreclosure sale, Anytaxing unft, Sheriff, or Commfssloner appointed by a taxing unit, making any sale under provfsions hereof shall execute and deliver to the purchaser at such sale a deed of conveyance, conveying all right, title and interest of all the taxing units interested in the tax foreclosure judgment in and to the property so sold;

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” (Emphasis addede) c In those cases where a taxing unit other than the State of Texas is the nurchaser at the tax foreclosure sale, the taxi it which pizrchased at the tax foreclosure sale,-acting i”,gtK role of grantor, by and through the presiding off,icer of $&governing body; should execute anddeliver a deed conveyfng all right, title and interest of all the taxing units interested in the tax foreclosure judgment in and to the property sold.’

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Hon. JamesE. Barlow, page 3 (M-F&l)

Whenthe State is the purchaser at the tax foreclosure .sale, the State acting in the role of grantor, b dth ~commissioners court of the county in which theaErone%Fgh is located should execute anddeliver the sametype-of-deed to the purchaser. In eachsale, if they so desire, whenauthority andapproval is given by the commissioners court for the sale,and conveyance, the commissioners court mayempower. the county,judge, as their presiding officer, to,execute the conveyance in behalf of the State of Texas and the court. Suchaction should be reflected in the minutes of the court. Whena taxing unit other than the State of Texas is the purchaser at the tax foreclosure 'sale andacts as grantor in the deed to the purchaser, consent of all other taxing units involved should be evidenced by their joinder in the conveyance, with the State of Texas acting by and through the county tax collector oftthe county in which the property is located, andwith the other taxing units acting by and through the respective presiding officers of the~irgoverning bodies; and in such cases the tax collector of the county is the only official authorized to act for the State in giving the latter's consent.Whenthe purchaser at the tax foreclosure sale is the Sta,te of Te%as andit acts as grantor in the deed to the purchaser. the samerules of consent andjoinder in the convevante apply, except that the consent of-the State of Texas is evidenced through the actions of the commissioners court; hence the consent andjoinder of the county tax collector in the conveyance in that fnstance is not required, Ouropinion herein is supported b and in.harmony with Attorney General's Opinion No. v-695 p9%a), wherein the county waspurchaser, and it washeld that, 'If the land is sold at private sale, the Commfssioner's Court acts. as's body in making such sales and the spres,idinff:office,rt of the court, should execute the deed of coaveyquze..

"Conveyance" is defined in Texas Electric Ry.Co. v$, Neale, 244 SiW.2d 329 (Tex.Civ.App. lsl IXex a526,‘252,s,w,2a451),from whf& G","quzeHther grounds,

"The terms 'deed,' :conveyancel and 'deed of conveyance' are frequently used'

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Interchangeably to denote the samelegal concept * Bachis commonlyunderstood to meanan instrument in writing whereby the grantor conveys to the grantee someright, title,,or interest in or to real property.

. . . Therefore, in view of the above considerations, the consent contemplated byArticle 73&b should be evidenced by thejoinder of the consenting party in a deed to the purchas- .: er. Thebetter practice would be for the consenting party or parties tojoin in the execution anddelivery of the deed which is madeby the taxing unit which purchased at the forsclosure sale. However, it is the opinion of this office that the intent of the Legislature can be effectively carried out by the required consent being,evidenced through the execution anddelivery of a separate instrument of conveyance which makes reference to,. Joins In, andexpressly adopts the conveyance madeby the taxing unit which purchased at the tax foreclosure sale. SUMMARY

In,sales by taxing units pursuant toArticle 7&ib, Vernon’s Civil Statutes, when‘the

~~ purchaser at the tax foreclosure sale is aunit other than the State, a deed of conveyance should be executed anddlfvered by that unit andwith the consent of th: State of Texas to bt evidenced by thejoinder in the conveyance by the county tax collector of the county in which the property is located, andwith the consent of all other units to be e’videnced by the joinder in the conveyance by the presiding officers of the governing bodies of such units, Whenthe State of Texas is the purchaser at the tax foreclosure sale, th State acting byand through thecommissioners c:urt of ’the county in wh%chthe property is located, should execute anddeliver the sametype of deed to the purchaser; ,and the samerules of consent and~,joinder in conveyance apply in such instance; exc~ept,that :the,consent of the State is evidenced through the actions of the commissioners court, andthe conserit

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Hon. JamesE. Barlow, page 5 (M-294)

andjoinder of the county tax collector : in the conveyance is not required.



# Y-9 rs very truly,

"F orney Prepared byAlfred Walker Atisistknt Attorney General APPROVD: OPINIONCOMMITTEE HawthornePhillips, Chaikn Kerns B. Taylor,~Co-Chairmsn Louis Newnan Harold Kennedy BenHarrison JamesBrbadhurst A. Jo Carubbi, Jr, Executlre Assistant C. MARTIN I.,' General of Texas