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Hays County, TX

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Hays County, Texas — Tax Sale & Surplus Procedure

Local operations layer. The legal framework (redemption periods, surplus rights, statutes, case law) lives on the parent page → texas. This page covers how Hays County actually runs it. Legal information, not legal advice. Last verified: 2026-06-02.

C0. Identity

  • County seat: San Marcos
  • Population: ~241,067 (2020 Census, FIPS 48209)
  • Recording unit: County
  • Parent legal framework: texas

C1. Local Tax Sale

  • Conducts own sale? Yes — the Constable (Precinct 1) conducts the officer’s sale under court order, as authorized by Tex. Tax Code § 34.01. Hays County does not use a consolidated or state-run platform.
  • Platform: In-person auction at the Hays County Government Center, Suite 2210, 712 S. Stagecoach Trail, San Marcos, TX 78666. MVBA Law facilitates online registration for sales conducted online via mvbataxsales.com (online format used when authorized). Source: hayscountytx.gov/constable-pct-1 (retrieved 2026-06-02).
  • Calendar: Monthly; first Tuesday of each month (first Wednesday if that Tuesday is Jan. 1 or July 4), beginning at 10:00 a.m., at Suite 2210 of the Hays County Government Center. “Next Tax Sale: TBA” as of retrieval date. Source: hayscountytx.gov/constable-pct-1 (retrieved 2026-06-02); consistent with Tex. Tax Code § 34.01(r).
  • Registration / bidder requirements:
    • Bidders must present a current Statement of No Delinquent Taxes (Tex. Tax Code § 34.015) from the county Tax Assessor-Collector before bidding.
    • For online auctions (when applicable), registration must be completed at least 24 hours before the sale at mvbataxsales.com.
    • For in-person sales, registration occurs on-site the day of sale.
    • Source: hayscountytx.gov/constable-pct-1; mvbalaw.com/tax-sales (both retrieved 2026-06-02).
  • Registration deposit: (specific cash deposit amount not stated on official pages — see needs_verification)
  • Payment methods accepted: Money order, cashier’s check, or personal check (personal-check payments may delay deed finalization pending check clearance). Source: hayscountytx.gov/constable-pct-1 (retrieved 2026-06-02).
  • Deed issued: A Constable’s Deed is issued to the successful bidder, typically within 4–6 weeks after the auction date. Source: search-engine summary citing hayscountytx.gov/constable-pct-1.
  • Delinquent-tax law firms:
    • MVBA Law — primary firm for the county and most taxing jurisdictions; 512-353-3755; mvbalaw.com/tax-sales. Source: hayscountytx.gov/tax-assessor-frequently-asked-questions (retrieved 2026-06-02).
    • LGBS (Linebarger Goggan Blair & Sampson) — represents Hays CISD and San Marcos CISD; taxsales.lgbs.com. Source: hayscountytx.gov/tax-assessor-frequently-asked-questions (retrieved 2026-06-02).
    • PBFCM (Perdue Brandon Fielder Collins & Mott) — represents Wimberley ISD and Dripping Springs ISD; pbfcm.com. Source: hayscountytx.gov/tax-assessor-frequently-asked-questions (retrieved 2026-06-02).
  • Delinquent list location: Published and maintained by MVBA Law at mvbalaw.com/tax-sales; tax payment status searchable at https://tax.co.hays.tx.us/ (Orion Public Access portal, Hays County Tax Assessor-Collector). Source: hayscountytx.gov/tax-assessor-collector (retrieved 2026-06-02).
  • Rate within statutory range: County follows state statutory framework; no locally-set rate deviation identified. (Confirm via hayscad.com — see needs_verification.)

C2. Local Redemption → framework: right-of-redemption

  • Where/how to redeem locally: Redemption is paid directly to the purchaser (or to the Constable/county if the purchaser cannot be located). The redemption amount is: purchaser’s bid + deed-recording fee + taxes, penalties, interest, and costs paid by purchaser + the statutory premium (25%/50%). — Tex. Tax Code § 34.21.
  • Redemption contact: Hays County Tax Assessor-Collector, Jennifer Escobar: 512-393-5545; 712 S. Stagecoach Trail, Suite 1120, San Marcos, TX 78666; jennifer.escobar@hayscountytx.gov. Source: hayscountytx.gov/contact-the-tax-assessor-collector-office (retrieved 2026-06-02).
  • Local fees: No county-specific redemption fee beyond the statutory formula identified. (Confirm whether the Constable’s Deed recording fee is charged to redeemer — see needs_verification.)
  • Deviations from state default: None identified. Hays County follows Tex. Tax Code § 34.21 without apparent local variation (180-day / 2-year periods, 25%/50% premium).

C3. Local Surplus / Excess Proceeds → framework: surplus-funds

  • Claim filing venue: Petition filed in the Hays County District Court that ordered the sale (civil delinquent-tax suit). Excess proceeds are deposited in the court registry maintained by the District Clerk. — Tex. Tax Code §§ 34.03, 34.04(a). Office: Amanda K. Calvert, District Clerk, Hays County Government Center, Suite 2211, 712 S. Stagecoach Trail, San Marcos, TX 78666; 512-393-7660; distclerk@hayscountytx.gov. Source: hayscountytx.gov/courts/district-clerk (retrieved 2026-06-02).
  • Claim form: Texas has no standardized statewide form for excess-proceeds petitions. The Hays County District Clerk provides civil case forms at hayscountytx.gov/district-clerk-online-forms (retrieved 2026-06-02), but no dedicated excess-proceeds petition form was listed on that page. A sample petition format is available from Justex (justex.net) and the Texas State Law Library. Claimants should contact the District Clerk directly to confirm the required format: distclerk@hayscountytx.gov.
  • Local deadline notes: Petition must be filed before the second anniversary of the date of the sale (2-year deadline). Unclaimed excess proceeds are distributed to taxing units after that window. — Tex. Tax Code § 34.04(a), (e).
  • Unclaimed-funds list published: The Hays County Treasurer (Daphne Tenorio; daphne.tenorio@hayscountytx.gov; 512-393-2236) maintains an unclaimed-funds page at hayscountytx.gov/unclaimed-funds with downloadable files — but the specific contents of those files (whether they include excess proceeds from tax sales) were not confirmed on retrieval. (See needs_verification.)
  • Unclaimed-list URL: https://www.hayscountytx.gov/unclaimed-funds (retrieved 2026-06-02; contents of listed files not confirmed).
  • Contact:

▸ For Investors / Operators — Hays County’s monthly Constable Pct. 1 sale runs on the first Tuesday at 10:00 a.m. at the Government Center (Suite 2210, 712 S. Stagecoach Trail, San Marcos). MVBA Law is the primary delinquent-tax firm; LGBS represents Hays CISD and San Marcos CISD; PBFCM handles Wimberley and Dripping Springs ISDs — confirm which firm administers a specific parcel. A no-delinquent-taxes statement (Tex. Tax Code § 34.015) is required to bid. The county may authorize online bidding through mvbataxsales.com for some sales. Payment is by money order, cashier’s check, or personal check (personal checks delay deed finalization); a Constable’s Deed typically issues within 4–6 weeks. Homestead/agricultural properties carry a 2-year redemption right; all others 180 days.

▸ For Former Owners — Excess proceeds are deposited in the Registry of the Court maintained by the Hays County District Clerk (Amanda K. Calvert, Suite 2211, 712 S. Stagecoach Trail, 512-393-7660; distclerk@hayscountytx.gov). A Petition for Disbursement under Tex. Tax Code § 34.04 must be filed under the original cause number in the district court that ordered the sale before the second anniversary of the sale date, after which unclaimed proceeds are distributed to the taxing units. The county Treasurer (hayscountytx.gov/unclaimed-funds) may also maintain an unclaimed-funds list — confirm whether it includes tax-sale proceeds.

C4. Offices & Contacts

OfficeNameAddressPhoneURL
Tax Assessor-CollectorJennifer Escobar712 S. Stagecoach Trail, Ste. 1120, San Marcos, TX 78666512-393-5545hayscountytx.gov/tax-assessor-collector
County Clerk (deed records / foreclosure notices)Elaine H. Cárdenas, MBA, PhD712 S. Stagecoach Trail, Ste. 2008, San Marcos, TX 78666512-393-7330hayscountytx.gov/county-clerk
District Clerk (court registry / excess proceeds)Amanda K. Calvert712 S. Stagecoach Trail, Ste. 2211, San Marcos, TX 78666512-393-7660hayscountytx.gov/courts/district-clerk
SheriffAnthony Hipolito810 S. Stagecoach Trail, San Marcos, TX 78666512-393-7800hayscountytx.gov/sheriffs-office
Constable Pct. 1 (conducts tax sales)David Peterson712 S. Stagecoach Trail, Ste. 2210, San Marcos, TX 78666512-393-7730hayscountytx.gov/constable-pct-1
TreasurerDaphne Tenorio712 S. Stagecoach Trail, San Marcos, TX 78666512-393-2236hayscountytx.gov/treasurer

Sources: hayscountytx.gov pages for each office, all retrieved 2026-06-02.

C5. Local Procedure Notes

  • Constable Pct. 1 conducts the sale (not the Sheriff). This is consistent with Tex. Tax Code § 34.01(a) which designates “the officer charged with selling the property” — in Hays County that officer is Constable Pct. 1. The Sheriff’s office (Anthony Hipolito) does not appear to administer the tax sale.
  • Three delinquent-tax law firms serve different taxing jurisdictions: MVBA (county-wide + most ISD), LGBS (Hays CISD and San Marcos CISD), and PBFCM (Wimberley ISD and Dripping Springs ISD). A bidder must confirm with the administering firm whether a given property’s sale is MVBA-run (in-person or online) or another firm’s. Source: hayscountytx.gov/tax-assessor-frequently-asked-questions (retrieved 2026-06-02).
  • Personal check accepted — but delays deed finalization. Cashier’s check or money order recommended for same-day processing.
  • Deed finalization timeline: 4–6 weeks for Constable’s Deed.
  • Foreclosure notices (mortgage/deed-of-trust) are filed with the County Clerk and published at hayscountytx.gov/county-clerk/foreclosures (retrieved 2026-06-02; June–August 2026 batches present).
  • No local ordinances altering the state-default tax-sale process were identified.

C6. Records Access

C7. Meta

sources:

needs_verification:

  • Specific cash deposit amount (if any) required at tax sale registration — not stated on official Hays County pages; contact MVBA at 512-353-3755.
  • Whether the Constable’s Deed recording fee is charged to the redeeming former owner as part of redemption “costs” under Tex. Tax Code § 34.21(g).
  • Whether hayscountytx.gov/unclaimed-funds downloadable list includes excess proceeds from tax sales or is limited to other fund types (e.g., uncashed county checks).
  • David Peterson’s Constable Pct. 1 term listed as 2020–2024 on the retrieved page — confirm current constable for Pct. 1 (may have changed after the 2024 election).
  • Whether Hays County sales ever use an online format (mvbataxsales.com) or are exclusively in-person — the tax assessor page links both in-person and online registration but Hays County’s specific format was not confirmed.
  • hayscad.com (Hays Central Appraisal District) property search portal returned 403 Forbidden; confirm alternative URL for parcel-level CAD data.
  • Exact URL for the District Clerk’s civil docket search (public.co.hays.tx.us redirected excessively; direct district-court case search URL not confirmed).
  • Rate within statutory range: confirm whether any Hays County taxing unit has adopted a locally authorized deviation from the state default rate structure.

cross_links: texas, right-of-redemption, surplus-funds, third-party-recovery-rules, due-process-notice, sheriff-sale, tyler-v-hennepin-county, mitchell-v-map-resources-2022, crowell-v-bexar-county-2011, associates-home-equity-v-hunt, bankruptcy-automatic-stay, federal-tax-lien-redemption, heirs-property

changelog:

  • 2026-06-02 — Initial population (autoresearch wave 1). All C0–C6 modules populated from official hayscountytx.gov pages. Eight needs_verification flags raised (honest gaps only — no fabricated claims). No Row 3/4/5 deficiencies.

▸ For Investors / Operators — Hays County’s monthly Constable Pct. 1 sale runs on the first Tuesday at 10:00 a.m. at the Government Center (Suite 2210, 712 S. Stagecoach Trail, San Marcos). MVBA Law is the primary delinquent-tax firm; LGBS represents Hays CISD and San Marcos CISD; PBFCM handles Wimberley and Dripping Springs ISDs — confirm which firm administers a specific parcel. A no-delinquent-taxes statement (Tex. Tax Code § 34.015) is required to bid. The county may authorize online bidding through mvbataxsales.com for some sales. Payment is by money order, cashier’s check, or personal check (personal checks delay deed finalization); a Constable’s Deed typically issues within 4–6 weeks. Homestead/agricultural properties carry a 2-year redemption right; all others 180 days.

▸ For Former Owners — Excess proceeds are deposited in the Registry of the Court maintained by the Hays County District Clerk (Amanda K. Calvert, Suite 2211, 712 S. Stagecoach Trail, 512-393-7660; distclerk@hayscountytx.gov). A Petition for Disbursement under Tex. Tax Code § 34.04 must be filed under the original cause number in the district court that ordered the sale before the second anniversary of the sale date, after which unclaimed proceeds are distributed to the taxing units. The county Treasurer (hayscountytx.gov/unclaimed-funds) may also maintain an unclaimed-funds list — confirm whether it includes tax-sale proceeds.

Legal information, not legal advice. This page summarizes Hays County, Texas operational procedures from official government sources as of the last_verified date. Statutes, office holders, and procedures change; verify against the cited sources and consult a licensed Texas attorney before acting.

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