By: Ellis, Leedom S.J.R. No. 19
SENATE JOINT RESOLUTION
1-1 proposing a constitutional amendment to modify the provisions for
1-2 the redemption of real property sold at a tax sale.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article VIII, Section 13, of the Texas
1-5 Constitution is amended to read as follows:
1-6 Sec. 13. (a) Provision shall be made by the <first>
1-7 Legislature for the <speedy> sale<, without the necessity of a suit
1-8 in Court,> of a sufficient portion of all lands and other property
1-9 for the taxes due thereon that<, and every year thereafter for the
1-10 sale in like manner of all lands and other property upon which the
1-11 taxes> have not been timely paid.
1-12 (b) The<; and the> deed of conveyance to the purchaser for
1-13 all lands and other property thus sold shall be held to vest a good
1-14 and perfect title in the purchaser thereof, subject only to
1-15 redemption as provided by this section or impeachment <be impeached
1-16 only> for actual fraud.
1-17 (c) The<; provided, that the> former owner of a residence
1-18 homestead sold for unpaid taxes and the former owner of land
1-19 designated for agricultural use sold for unpaid taxes shall within
1-20 two years from date of the filing for record of the Purchaser's
1-21 Deed have the right to redeem the property <land> on the following
1-22 basis:
1-23 (1) Within the first year of the redemption period,
1-24 upon the payment of the amount of money paid for the property
2-1 <land>, including the <One ($1.00) Dollar> Tax Deed Recording Fee
2-2 and all taxes, penalties, interest, and costs paid plus an amount
2-3 not exceeding 25 <twenty-five (25%)> percent of the aggregate
2-4 total; and
2-5 (2) Within the last year of the redemption period,
2-6 upon the payment of the amount of money paid for the property
2-7 <land>, including the <One ($1.00) Dollar> Tax Deed Recording Fee
2-8 and all taxes, penalties, interest, and costs paid plus an amount
2-9 not exceeding 50 <fifty (50%)> percent of the aggregate total.
2-10 (d) If the property is sold pursuant to a suit to enforce
2-11 the collection of the unpaid taxes, the Legislature may limit the
2-12 application of Subsection (c) of this section to property used as a
2-13 residence homestead when the suit was filed and to land designated
2-14 for agricultural use when the suit was filed.
2-15 (e) The former owner of real property not covered by
2-16 Subsection (c) of this section sold for unpaid taxes shall within
2-17 six months from the date of filing for record of the Purchaser's
2-18 Deed have the right to redeem the property upon the payment of the
2-19 amount of money paid for the property, including the Tax Deed
2-20 Recording Fee and all taxes, penalties, interest, and costs paid
2-21 plus an amount not exceeding 25 percent of the aggregate total.
2-22 SECTION 2. The following temporary provision is added to the
2-23 Texas Constitution:
2-24 TEMPORARY PROVISION. (a) This temporary provision applies
2-25 to the constitutional amendment proposed by ___J.R. No.____, 73rd
2-26 Legislature, Regular Session, 1993, and expires January 1, 1997.
2-27 (b) The amendment to Article VIII, Section 13, of this
3-1 constitution takes effect January 1, 1994.
3-2 (c) The amendment applies to redemption of real property
3-3 sold at a tax sale for which the purchaser's deed is filed for
3-4 record on or after the effective date of this amendment.
3-5 Redemption of real property sold at a tax sale for which the
3-6 purchaser's deed is filed for record before the effective date of
3-7 this amendment is covered by the former law, and the former law is
3-8 continued in effect for this purpose.
3-9 SECTION 3. This proposed constitutional amendment shall be
3-10 submitted to the voters at an election to be held November 2, 1993.
3-11 The ballot shall be printed to provide for voting for or against
3-12 the proposition: "The constitutional amendment to modify the
3-13 provisions for the redemption of real property sold at a tax sale."