By: Raymomd H.B. No. 737
73R3090 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the payment of ad valorem taxes assessed against real
1-3 property by conveyance to the taxing unit of the property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.06(a), Tax Code, is amended to read as
1-6 follows:
1-7 (a) Except as provided by Section 31.061, taxes <Taxes> are
1-8 payable only in currency of the United States. However, a
1-9 collector may accept a check or money order in payment of taxes,
1-10 and may accept payment by credit card.
1-11 SECTION 2. Chapter 31, Tax Code, is amended by adding
1-12 Section 31.061 to read as follows:
1-13 Sec. 31.061. PAYMENT OF TAXES ASSESSED AGAINST REAL PROPERTY
1-14 BY CONVEYANCE TO TAXING UNIT OF PROPERTY. (a) An owner of real
1-15 property may, subject to the approval of the governing body of a
1-16 taxing unit, by deed convey the property to the taxing unit in
1-17 payment of the taxes, including delinquent taxes, assessed against
1-18 the property by the taxing unit.
1-19 (b) If taxes on real property are owed to more than one
1-20 taxing unit and two or more taxing units agree to acquire the
1-21 property in payment of taxes, the owner may, subject to the
1-22 approval of each governing body, convey an undivided interest in
1-23 the property to each of the taxing units in payment of the taxes
1-24 owed to each of the taxing units.
2-1 (c) The owner shall notify each taxing unit that receives
2-2 property in payment of taxes of each encumbrance, easement, or
2-3 other interest burdening the property.
2-4 (d) A taxing unit may not acquire under this section an
2-5 interest in property in payment of taxes if the amount of the
2-6 taxes, penalties, and interest owed the taxing unit is exceeded by
2-7 the appraised market value of the property as shown on the most
2-8 recent tax roll, less:
2-9 (1) the value of all encumbrances, easements, or other
2-10 interests burdening the property that are not taken into account in
2-11 determining the appraised market value of the property, including
2-12 the amount of the taxes, penalties, and interest owed other taxing
2-13 units but excluding the amount of the taxes, penalties, and
2-14 interest owed all taxing units to which the property is to be
2-15 conveyed; and
2-16 (2) the value of interests in the property conveyed to
2-17 other taxing units under this section.
2-18 (e) On receipt of the deed to property under this section,
2-19 the collector shall credit against the taxes, penalties, and
2-20 interest owed the taxing unit the appraised market value of the
2-21 property as shown on the most recent tax roll, reduced by the
2-22 amount of the adjustments required by Subsections (d)(1) and (2).
2-23 The taxpayer remains personally liable to the taxing unit to the
2-24 extent the taxes, penalties, and interest owed the taxing unit
2-25 exceed the amount credited under this subsection.
2-26 (f) The acquisition of the property by a taxing unit under
2-27 this section does not affect the rights or liens of a taxing unit
3-1 that does not acquire the property under this section.
3-2 SECTION 3. This Act takes effect September 1, 1993.
3-3 SECTION 4. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended.