Texas Attorney General Opinion: O-6000 Page: 1 of 3
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THE A OrarRNEV GENERAL
GROVER SKLAS U TIN 11, TEXAS
.... -- --
AowTORI~ NsnRA,
Mrs. Artie..M.- Fultz'
County Attorney, Grimes County
Anderson, Texas
Dear Mrs. Fultz: Opinion No. 0-6000
Re: Disposition of excess funds
received from a sale of real
estate by the State of Texas
which was formerly bought in
at a tax sale by the State and
the sale by the State being
made after the expiration of
the two-year redemption
period.
Your letter of May 1, 1944, requesting the opinion of this de-
partment on the question stated therein is as follows:
"I submit for your determination the following question
and statement of facts:
"Statement of Facts: After the expiration of two years
from the sale of a tract of land to the State of Texas, the
Sheriff of Grimes county sold the land for a price in excess
of the amount of the judgment and costs.
"Question: What disposition should be made of excess
funds from a sale made after the expiration of the two-year
redemption period?
"This identical question appears to have been answered
by the Attorney General's Department in Opinion No. 0-3729
to the effect that the excess should be distributed pro rata
among the several taxing units. However, Article 7328 Re-
vised Civil Statutes, 1925, as amended, recites that the ex-
cess should be sent to the State Treasurer.
"Opinion No. 0-3729 is predicated on Section 9 of Arti-
cle 7345b, and there does not appear therein any express pro-
vision about what to do with the excess.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-6000, text, May 10, 1944; (https://texashistory.unt.edu/ark:/67531/metapth263278/m1/1/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.