The County can hold online auctions only for properties that have been foreclosed upon via a tax lien under Section 34.01 of the Texas Tax Code. This option is not available for properties foreclosed upon by writs of execution (generally the result of a third party lawsuit) under Chapter 34 of the Texas Civil Practice and Remedies Code.

Both the Commissioners Court and Sheriff have some authority in relation to this topic. In order for online auctions of property foreclosed via tax liens to take place, the Commissioners Court must authorize online auctions. Once online auctions are authorized by the Court, the Sheriff has the authority to decide whether or not to sell these properties via online auctions.