1-1  By:  Ellis, Leedom                                     S.B. No. 355
    1-2        (In the Senate - Filed February 15, 1993; February 16, 1993,
    1-3  read first time and referred to Committee on Jurisprudence;
    1-4  March 9, 1993, reported favorably by the following vote:  Yeas 6,
    1-5  Nays 0; March 9, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Henderson          x                               
    1-9        Harris of Tarrant  x                               
   1-10        Brown              x                               
   1-11        Harris of Dallas   x                               
   1-12        Luna               x                               
   1-13        Parker                                         x   
   1-14        West               x                               
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to the right of redemption of real property sold at a tax
   1-18  sale.
   1-19        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-20        SECTION 1.  Section 34.21, Tax Code, is amended to read as
   1-21  follows:
   1-22        Sec. 34.21.  Right of Redemption.  (a)  The owner of real
   1-23  property sold at a tax sale that was the residence homestead of the
   1-24  owner or that was land designated for agricultural use when the
   1-25  suit to collect the tax was filed may redeem the property within
   1-26  two years after the date on which the purchaser's deed is filed for
   1-27  record by paying the purchaser the amount the purchaser <he> bid
   1-28  for the property, the amount of the deed recording fee, and the
   1-29  amount paid by the purchaser as taxes, penalties, interest, and
   1-30  costs on the property, plus 25 percent of the aggregate total if
   1-31  the property is redeemed during the first year of the redemption
   1-32  period or 50 percent of the aggregate total if the property is
   1-33  redeemed during the second year of the redemption period.
   1-34        (b)  The owner of real property sold at a tax sale other than
   1-35  property covered by Subsection (a) may redeem the property within
   1-36  six months after the date on which the purchaser's deed is filed
   1-37  for record by paying the purchaser the amount the purchaser bid for
   1-38  the property, the amount of the deed recording fee, and the amount
   1-39  paid by the purchaser as taxes, penalties, interest, and costs on
   1-40  the property, plus 25 percent of the aggregate total.
   1-41        (c)  If the owner of the real property makes an affidavit
   1-42  that he has made diligent search in the county in which the
   1-43  property is located for the purchaser at the tax sale and has
   1-44  failed to find him, that the purchaser at the sale is not a
   1-45  resident of the county in which the property is located, that he
   1-46  and the purchaser cannot agree on the amount of redemption money
   1-47  due, or that the purchaser refuses to give him a quitclaim deed to
   1-48  the property, the owner may redeem the property <land> by paying
   1-49  the required amount as prescribed by Subsection (a) or (b), as
   1-50  applicable, to the assessor-collector for the county in which the
   1-51  property is located.  The assessor-collector receiving the payment
   1-52  shall give the owner a signed receipt witnessed by two persons.
   1-53  The receipt, when recorded, is notice to all persons that the
   1-54  property described has been redeemed.  The assessor-collector shall
   1-55  on demand pay the money received by him to the purchaser at the tax
   1-56  sale.
   1-57        (d) <(c)>  The right of redemption does not grant or reserve
   1-58  in the former owner of the real property the right to the use or
   1-59  possession of the property, or to receive rents, income, or other
   1-60  benefits from the property while the right of redemption exists.
   1-61        (e)  In this section, "residence homestead" has the meaning
   1-62  assigned by Section 11.13.
   1-63        (f)  In this section, "agricultural use" has the meaning
   1-64  assigned by Section 23.51.
   1-65        SECTION 2.  (a)  This Act takes effect January 1, 1994, but
   1-66  only if the constitutional amendment proposed by the 73rd
   1-67  Legislature, Regular Session, 1993, to modify the period in which
   1-68  the former owner of real property may redeem the property after a
    2-1  tax sale, is approved by the voters.  If that amendment is not
    2-2  approved by the voters, this Act has no effect.
    2-3        (b)  This Act applies to redemption of real property sold at
    2-4  a tax sale for which the purchaser's deed is filed for record on or
    2-5  after the effective date of this Act.  Redemption of real property
    2-6  sold at a tax sale for which the purchaser's deed is filed for
    2-7  record before the effective date of this Act is covered by the law
    2-8  in effect when the deed is filed, and the former law is continued
    2-9  in effect for that purpose.
   2-10        SECTION 3.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended.
   2-15                               * * * * *
   2-16                                                         Austin,
   2-17  Texas
   2-18                                                         March 9, 1993
   2-19  Hon. Bob Bullock
   2-20  President of the Senate
   2-21  Sir:
   2-22  We, your Committee on Jurisprudence to which was referred S.B.
   2-23  No. 355, have had the same under consideration, and I am instructed
   2-24  to report it back to the Senate with the recommendation that it do
   2-25  pass and be printed.
   2-26                                                         Henderson,
   2-27  Chairman
   2-28                               * * * * *
   2-29                               WITNESSES
   2-30                                                  FOR   AGAINST  ON
   2-31  ___________________________________________________________________
   2-32  Name:  Joan Douglas                              x
   2-33  Representing:  City of Houston
   2-34  City:  Houston
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   2-36  Name:  Karla Taylor                              x
   2-37  Representing:  City of Houston
   2-38  City:  Houston
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   2-40  Name:  Natasha Harmon                                          x
   2-41  Representing:  Tx Community Development Asso
   2-42  City:  Austin
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   2-44  Name:  Jim Box                                   x
   2-45  Representing:  Mischer Corp-GHBA
   2-46  City:  Houston
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   2-48  Name:  Susan Horton                              x
   2-49  Representing:  Tx Municipal League
   2-50  City:  Austin
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   2-52  Name:  Larry Casto                               x
   2-53  Representing:  City of Dallas
   2-54  City:  Dallas
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   2-56  Name:  Janis Evarhart                            x
   2-57  Representing:  City of Dallas
   2-58  City:  Dallas
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