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Tax Judgments and Constable or Sheriff Tax Sales in Texas

Everyone · Updated 2026-10-16

Tax Judgments and Constable or Sheriff Tax Sales in Texas

Information, not legal advice. Laws change; check the current statute or rule and talk to a Texas attorney before you act.

A Texas tax sale is the end of a lawsuit, not an auction of a lien. Once a court signs a judgment foreclosing the tax lien, the clerk issues an order of sale, and a sheriff or constable sells the property at public auction. The buyer gets a deed, subject to the former owner's right to buy it back. This article walks through that path and what a bidder should check.

Step 1: The judgment

In a delinquent tax suit (see tax suits explained), the judgment usually:

The order of sale says the property may be sold to a taxing unit in the suit, or to another bidder, for the lesser of the adjudged value or the total of the judgments against it. An owner, or another non-taxing-unit party to the suit, may buy only as the highest bidder and only for at least the full amount of the judgments, including all costs of suit and sale (§33.50). That keeps an owner from wiping out the taxes by buying back cheaply.

Step 2: Notice of sale

Tax sales follow the rules for execution sales. Under Texas Rule of Civil Procedure 647, notice must be published once a week for three straight weeks in a newspaper in the county, with the first notice at least 20 days before the sale, and the officer must give written notice to the defendant or the defendant's attorney. The notice must describe the property and give the authority for the sale and the date, time and place (Tax Code §34.01).

Law firms, counties and constables also post sale lists online a few weeks ahead. Properties are often pulled because the owner paid, filed bankruptcy or signed a plan, so check again the day before.

Step 3: The sale itself

ItemRule
Who sellsThe sheriff or a constable (Harris County uses its eight constables, by precinct)
WhenThe first Tuesday of the month, between 10 a.m. and 4 p.m.; the first Wednesday if the first Tuesday is January 1 or July 4 (§34.01)
WhereAt the courthouse or a place the commissioners court designates
OnlineA commissioners court may authorize online auctions; the rules take effect 90 days after they are published in the real property records, and online auctions must end at 4 p.m. on sale day (§34.01(a-1))

Some examples of how counties do it today:

Step 4: Bidder certification

Before the officer may sign a deed, the buyer must show an unexpired written statement from the county tax assessor-collector (good for 90 days) saying the buyer owes no delinquent taxes to the county or to any school district or city in the county (§34.015). Knowingly violating this is a Class B misdemeanor.

Step 5: No bid, struck off

If no one bids at least the minimum, the property is bid off ("struck off") to the taxing unit for the lesser of the adjudged value or the judgment total (§34.01). The taxing unit can resell it later, often at a lower minimum. See struck-off properties and resales.

Step 6: Where the money goes

The officer pays the sale proceeds in a fixed order: advertising costs; ad litem fees; the clerk's court costs; the officer's fees; the taxing units' title-research costs; then the taxes, penalties, interest and attorney's fees in the judgment; then other amounts awarded to the units. Anything left over is excess proceeds and goes to the clerk of the court (§34.02). See excess proceeds.

Step 7: The deed and what it does not do

The officer's deed "vests good and perfect title" in the buyer to the defendants' interest, but it is subject to:

Practical points:

Step 8: Possession

The buyer, including a taxing unit, may get a writ of possession, but no sooner than 20 days after the officer's deed is recorded. The officer posts a warning on the front door at least 10 days before executing the writ and may remove occupants and their belongings (§33.51). Redemption does not give the former owner the right to stay in or rent out the property during the redemption period (§34.21(h)), but a buyer who spends money on the property before the period ends risks having it redeemed.

A bidder's checklist

  1. Pull the cause number and read the judgment: who was sued, what years, what value.
  2. Check for parties who were not in the suit (a recorded mortgage, a federal lien, heirs).
  3. Confirm whether the property was a homestead or ag land (two-year redemption) or not (180 days).
  4. Drive the property; it is often vacant, damaged or occupied.
  5. Have the tax office's written statement and the payment method ready.

How this shows up in Agentix Data

Agentix Data tracks posted Texas tax-sale, resale and struck-off listings from public sale lists, with sale date, cause number, minimum bid and account, and links them to the appraisal-district owner record where the county's account format matches. Coverage varies by source. We also carry tax-suit filings for the counties listed in our coverage, so a property can be followed from suit to sale list.

Sources

General information, not legal or financial advice.