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
2-35 -------------------------------------------------------------------
2-36 Name: Karla Taylor x
2-37 Representing: City of Houston
2-38 City: Houston
2-39 -------------------------------------------------------------------
2-40 Name: Natasha Harmon x
2-41 Representing: Tx Community Development Asso
2-42 City: Austin
2-43 -------------------------------------------------------------------
2-44 Name: Jim Box x
2-45 Representing: Mischer Corp-GHBA
2-46 City: Houston
2-47 -------------------------------------------------------------------
2-48 Name: Susan Horton x
2-49 Representing: Tx Municipal League
2-50 City: Austin
2-51 -------------------------------------------------------------------
2-52 Name: Larry Casto x
2-53 Representing: City of Dallas
2-54 City: Dallas
2-55 -------------------------------------------------------------------
2-56 Name: Janis Evarhart x
2-57 Representing: City of Dallas
2-58 City: Dallas
2-59 -------------------------------------------------------------------