ORDER N0. ~'S8^c6
APPROVING BIDS FDR RESALE
OF TRUST PROPERTY
On this the icth day of April 1999, upon motion made by
Commissioner- Leta, seconded by Commissioner Williams, the
Court unanimously approved by a vote of 4-0-0, delegating to
the Tax Assessor/Collector the authority to consent to the
sale of any property taken pursuant to a tax foreclosure sale
for- which F<err• Co~_inty is the title-holding j~.irisdiction, with
the understanding that the I'.err• County Judge would be
authorized to sign any deed as recommended by the Tax
Assessor/Colletor.
u.
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REOUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
Jerry Shiever Attorney at Law
MADE BY: Paula Rector Tax Assessor/Colt:
Tax Office
MEETING DATE: April 12 , 19 9 9 TIME PREFERRED: 1 1~ 0 0 a m
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss procedure for approval or consent of
bids for resale of trust property.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT:
Jerry Shiever Attorrteg at Law
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will
be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court.
5:00 P.M. previous Monday.
FROM JERRY SHIEVER PC PHONE N0. 1 512 477 9267 Apr. 05 1999 09:28AM P2
50B W[iT 11TN STREET, Sul'/E 0
AUlTIN, TRYA! 7Q701.1 Q 19
(!12)477-1741
iEY IS12) 477.43!7
Paula Rector
Tax Assessor-Collector
Kerr County
700 Main Street
Kerrville, Texas 78028
Re: Sales of Trust Property
Dear Paula:
JERRY SHIEVER
ATTORNEY AT LA,N( P.C•
REPLV TQ AUSTIN OFFICE
April 5, 1999
4t09 MONTnOiE lvewut, Eu+TE ZDI
rlous•oN, TExA! 77006
nla~ sz+.oizo
s,x +71 ~ 1 Sz t •z7sa
Since you now have a new County Judge and two new County Commissioners, we
have discussed re-examining the County's procedure for consideration of bids for trust
property, acquired by taxing units when no sufficient bids are received at a Sheriffs tax
sale. You have suggested that we ask to be on the April 12, 1999 agenda.
With that in mind, I will outline the legal requirements and how we are now meeting
them. Sec. 34.05 of the Property Tax Code governs the resale of trust property, and it
was extensively amended in 1997.
Basically, when property is taken in trust for taxes, the trustee tax unit can sell i# for at
least the amounts due in taxes, penalties, interest and costs or the last appraised value,
whichever is less, without the approval of the other interested tax units- However, if
less is offered, all the tax units must consent to the sale. Usually, approval or consent
is by the governing body, but some years ago the Kerr County Commissioners' Court
delegated that decision to you and the County Judge executed deeds to evidence
approval or consent.
A few months ago when title insurance was being sought by a purchaser, it was
discovered that no one knew when or if the delegation to you was by resolution and
order recorded in the minutes. Therefore, it may be wise to make it official if the
practice is to continue. However, the court could resume the duty of approval or
consent, perhaps after consideration of your recommendation. In any event, I suggest
tha# the County Judge continue to join in any deeds needing evidence of consent.
I~e.
FROf9 JERRY SHIEVER PC PHONE N0. 1 512 477 9267 Rpr. 05 1999 09:28AM P3

Paula Rector
Tax Assessor-Collector
Kerr County
April 5, 1988
Page Two
Please submit this letter with our agenda request, and I will see you on the 12th.
Very t y urs
h~ftr~
Je Shiever
JS/elb